An employer's attempt to defend an unfair dismissal claim on the grounds an employee was a contractor has backfired, with the FWC finding "a clear case of sham contracting", and ordering further investigation into staff with similar arrangements.
An employee who was denied compensation for a bullying-related injury on the grounds she made deliberately false representations about her mental health has been cleared to appeal the decision.
Employers remain tied to performance management systems that reward individuals at the cost of building high-performing teams, according to a Gartner expert.
The Fair Work Commission has acknowledged the significant hurdles sacked employees face in bringing stop-bullying claims. Also in this article, recent dismissal rulings; which city has the best work-life balance; employers' growing fears about Baby Boomer retirements; and more.
The Fair Work Commission has upheld the dismissal of an employee based on "damning" CCTV footage, but nevertheless reproached the employer for "turning a blind eye" to other workplace problems.
A manager who claimed his employer could have prevented his redundancy by running its business more efficiently has failed to convince the Fair Work Commission he was effectively dismissed.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
