The timing of a "flurry" of warning letters was proof that an employer had no real intention of allowing an employee to address his alleged shortcomings, the Fair Work Commission has found.
It wasn't reasonable to expect an organisation to continue employing a manager with reduced work capacity while its sales were in decline, the Fair Work Commission has found in upholding his dismissal.
An employer with "unrealistic expectations" of a management role has been ordered to pay maximum compensation to an employee it unfairly dismissed for poor performance.
An employer's investigation and disciplinary process into an employee's alleged fraud did not breach her employment contract, nor its duty of care to her, a court has ruled in rejecting her psychological injury damages appeal.
An employee's "excited utterance" following a heated exchange with her supervisor didn't constitute a resignation, the Fair Work Commission has ruled, finding she was dismissed without an opportunity to respond.
Being publicly arrested at work was a valid reason for dismissal, because the employee knew he was a 'person of interest' to police but attended his workplace anyway, the Fair Work Commission has found.
An employer was entitled to dismiss a manager for performance and conduct issues, but its failure to give him time to improve and its "near total lack of procedural fairness" made its decision unfair.
An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.
Touching a female colleague on the bottom was "sufficiently serious to justify summary dismissal", the Fair Work Commission has found in rejecting an employee's unfair dismissal claim.
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