Workplace misbehaviour complaints didn't result in adverse action
The Federal Circuit Court has rejected that an employer 'concocted' an employee's redundancy after she complained about bullying and "dark and damaging" workplace behaviours. » more »
Termination (917 items)
Employee's anonymity appeal fails; 'Irregular' casual's compensation stands; and more
An employee has failed to prove her public scrutiny concerns warranted removing her name from an FWC ruling. Also in this article, a casual has lost her appeal for greater unfair dismissal compensation; and more. » more »
Fair to sack employee who refused to work on-call roster
An employee who refused to participate in an on-call roster, due to concerns it was negatively affecting his mental wellbeing, breached his contract and was fairly dismissed, the Fair Work Commission has ruled. » more »
Employer defends dismissal despite "historical tolerance" of bad behaviour
In a case that illustrates the challenges of shifting a culture where inappropriate behaviour is considered normal, an employer with "a considerable way to go" has defended an unfair dismissal claim because its actions were "consistent with a reforming workplace". » more »
Fair to sack employee who "dropped a meme with the aim to upset"
An employee who posted a s-xually suggestive meme on social media "with the aim to upset" was fairly dismissed, despite the workplace's "robust" culture, the Fair Work Commission has ruled. » more »
One-minute-late claim had merit, but extension denied
A workplace relations advisory has successfully objected to facing an unfair dismissal claim that was lodged one minute past the deadline. » more »
Employee loses discrimination appeal over pelvic 'scratching'
A court has upheld a finding that an employer didn't discriminate against an employee who claimed to have a rash that caused him to "unconsciously" scratch his pelvic region. » more »
Employer's response to vaccination pushback was "reasonable"
An employee has failed to prove her dismissal for refusing a flu vaccination was unfair, after the Fair Work Commission ruled her employer's response to her pushback was "objectively reasonable". » more »
No evidence of "gaslighting" in performance management
A commission has rejected that an employee was subject to "gaslighting" and intense micromanagement during a performance improvement process, and upheld her dismissal. » more »
Performance process "lacking" but bad attitude made dismissal fair
An employee was fairly sacked for poor performance despite showing signs of improvement, the Fair Work Commission has found, rejecting that his ongoing mistakes were "only minor". » more »
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