"Deliberately provocative" posts warranted disciplinary action
An employee sacked over controversial social media posts has failed to convince the Federal Court his dismissal was unlawful adverse action. » more »
Compliance & case law (801 items)
Employer wins appeal against $1m backpay, reinstatement
An employer has successfully appealed an order for it to reinstate a senior executive and backpay him $1 million, after a full Federal Court found the primary judge took an incorrect approach in assessing the evidence of the case. » more »
Manager's stand down unlawful, designed to 'force resignation'
A recruitment company used a stand-down direction to force a state manager to resign, so it could avoid paying her contractual entitlement to three months' notice, the Fair Work Commission has ruled. » more »
Deliberate, dishonest conduct didn't justify "ambush": FWC
An employee sacked for deliberately misusing his company credit card has been awarded compensation for unfair dismissal after the Fair Work Commission found his employer's response was "severely flawed", and amounted to an ambush. » more »
Ex-employees to pay damages after retaining, soliciting employer's contacts
A court has ruled two workers breached their employment contracts, in the absence of any restraint terms, after retaining confidential client information and establishing a competing business. » more »
Expelled on-hire worker reinstated to host site
The Fair Work Commission has ordered a labour hire company to reinstate a sacked on-hire worker to his role, against the host employer's wishes. » more »
Consultation steps fell short of "meaningful": FWC
An employer has failed to argue it "broadly complied" with redundancy consultation obligations, with the Fair Work Commission saying the steps it took could "never constitute meaningful consultation". » more »
Poor communication with "confrontational" employee made dismissal unfair
In a case that illustrates the perils of growing "weary or impatient" when trying to follow a fair termination process, the FWC has upheld a "confrontational" employee's unfair dismissal claim. » more »
Q&A: Casual employment developments
The Fair Work Commission has handed down important rulings for employers on calculating overtime rates for casual employees, and what constitutes regular and systematic employment. » more »
Dismissing employee after two-year absence was unfair
Dismissing an employee who had been absent for more than two years was unfair, the Fair Work Commission has ruled, because the employer lacked evidence he would be unable to perform the inherent requirements of his role in the future. » more »
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