Employer criticised for fabricated resignation and "contemptuous" attitude
An employee has convinced the Fair Work Commission an HR manager fabricated her dismissal after she took sick leave. » more »
Compliance & case law (620 items)
"Appalling" redundancy process "left much to be desired"
The Fair Work Commission has described an employer's redundancy process as "appalling" in ordering it to compensate a general manager for unfair dismissal. » more »
Claims of homophobic persecution were 'blatant dishonesty'
An employee's unfair dismissal appeal has been rejected, with the Fair Work Commission accepting that his dishonesty and refusal to comply with reasonable directions warranted termination. » more »
Future bullying risks require careful consideration; 74-year-old worker reinstated
The Fair Work Commission full bench has stressed the importance of not jumping to conclusions about future bullying risks involving absent workers; and an employer has been ordered to reinstate an employee sacked due to his age. » more »
Response to harassment warning justified dismissal
An employee who disobeyed an instruction to stop contacting a colleague, and responded to a final warning with blame and excuses, was justly dismissed despite shortcomings in HR's process, the Fair Work Commission has ruled. » more »
Sham redundancy claim rejected; Sacking after leave request was unfair
The Fair Work Commission has rejected an employee's claims that his redundancy, which occurred as a result of a new computer system, was a sham. In a separate case, it has ordered compensation for an employee who was dismissed after requesting leave at an inconvenient time. » more »
One-off mistake created serious risk, justified dismissal
An employee who was sacked for applying the wrong protocol when an unexpected safety incident occurred has failed to win reinstatement, despite his unblemished nine-year work record. » more »
Poor record-keeping nixes employer's underpayment defence
An employer that had no records to disprove underpayment allegations by two former employees has been ordered to pay them almost $19,000 plus interest. » more »
Sacked employee made "catastrophic error" in rejecting settlement
An employee whose dismissal for misconduct was ruled valid, but unfair, has failed to appeal the decision and her small compensation award. » more »
Failure to address employee's incompetence renders dismissal unfair
An employee who was promoted to a role she was unable to perform, and left "out of her depth", has been denied both reinstatement and compensation despite winning an unfair dismissal action. » more »
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