Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.
An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
An employee has failed to prove his employer and two HR managers tried to pressure him into an "unreasonable" on-call roster, and then unlawfully sacked him after he refused.
An employee voluntarily resigned because he couldn't let go of a workplace grievance, the Fair Work Commission has ruled, finding he could have instead followed his employer's directions to stop all disrespectful communications.
When a general manager sent an employee more than 200 "inappropriate" messages out of work hours he effectively sacked him, the Fair Work Commission has found.
An employee was forced to resign due to her employer's "persistent" enquiries about her return to work during her pregnancy and parental leave, the Fair Work Commission has ruled.
An employee's claims that she was "intimidated", "mobbed" and "coerced" at work were "unfounded and nonsensical" allegations designed to "pollute" her general protections claim with scandal, the Fair Work Commission has chided.
The former CEO of Harrier Group was summarily dismissed for deliberately misusing her work credit card while the company was struggling financially, not because she raised bullying and pay issues, the Federal Circuit Court has ruled.
An employer dismissed an employee when it changed her position from part time to casual without her agreement, the Fair Work Commission has found, clearing her to pursue her general protections claim.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.