'Communication breakdown' wasn't unfair dismissal
A casual employee whose shifts were cancelled has failed to claim he was unfairly dismissed, with the Fair Work Commission ruling his employment ended after a "breakdown in communication". » more »
Termination (719 items)
"Far-reaching" personal leave appeal; Dismissals roundup; Award changes; and more
The High Court has begun hearing an appeal over how much personal leave employees working non-standard shifts are entitled to. Also in this article: a roundup of dismissal rulings and JobKeeper disputes; extensions to COVID-19 award changes; and more. » more »
'Ordinary turnover' argument fails to win redundancy exemption
Two employers have failed to convince a Federal Court full bench that employees weren't entitled to redundancy pay because their dismissals were due to "ordinary" turnover of labour following a contract loss. » more »
Employee fairly sacked for refusing to complete COVID survey
It was fair for an employer to sack a worker who refused to provide basic information about his travel plans, the Fair Work Commission has ruled. » more »
"Balancing" hours was fraudulent and inexcusable
A "model employee" who claimed overtime for hours he didn't work has failed to convince the Fair Work Commission his dismissal was unfair because he was "balancing" hours owed to him. » more »
High Court harassment response; New IR bill; and more
The High Court has updated and publicised its s-xual harassment policies in the wake of findings against a former judge. Also in this article, Western Australia's new IR bill; an employee retrenched at the height of COVID-19 who saw her employer advertising jobs weeks later can claim unfair dismissal; and more. » more »
Split case law highlights performance management conundrum
Recent rulings and a lack of case law consensus show how difficult it can be to manage performance-related dismissals that also involve factors such as mental illness, says an employment lawyer. » more »
Employee unfairly dismissed while on extended probation
An employer did not have an "unfettered right" to sack an employee for performance issues simply because she was still on probation, the Fair Work Commission has ruled. » more »
Employer 'made up' unfair dismissal defence
The Fair Work Commission has found an employer fabricated evidence to defend an unfair dismissal claim from an employee whose role was made redundant just days after a positive performance meeting. » more »
Poor performer confused by "polite" warning letters
An employer whose warning letters to an underperforming employee were so positive that she claimed to have been unaware her employment was at stake has successfully defended an unfair dismissal claim. » more »
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