An employee held a "reasonable and understandable expectation" that his employment would continue past the end date of his fixed-term contract, the Fair Work Commission has found, in clearing him to pursue a general protections claim.
An employer that accused a worker of abandoning her employment and causing it to lose customers will have to face her general protections claim, after the Fair Work Commission found it dismissed her.
A manager who told an employee to "f-ck off" and leave work didn't constructively dismiss him, the Fair Work Commission has ruled, finding the direction was an effort to "defuse" their heated exchange.
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.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. This HR Daily Premium webcast provides a review of relevant legislation and rulings in this space.
Employers are being warned not to dismiss complaints they believe are misconceived or lacking in substance, with a recent case showing that doing so may put them on the wrong side the Fair Work Act's general protections provisions.
A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.
An employee has accused his employer of "recklessly endangering" him when it rejected his request to take time off for an appointment during the busy festive season.
An employee who refused to wear a uniform that made him feel like he was "going to die" in hot weather was constructively dismissed, the Fair Work Commission has found.
General protections claims are increasingly in the spotlight as more and more employees seek to exercise their workplace rights and challenge employers' decisions. Watch this HR Daily Premium webcast to understand how to navigate this area.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.