An employer followed its enterprise agreement "unconsciously rather than deliberately" in deciding whether to make a role redundant, but its decision was nonetheless valid, the Federal Court has ruled.
An employer had no choice but to remove an employee from a client's site, but its communication failures made the dismissal unfair, the Fair Work Commission has found.
An organisation that secured an employee an alternative job could not reduce her redundancy entitlement because lower pay meant the role wasn't "acceptable".
An employer has defended an unfair dismissal claim from an on-hire worker who was banned from a host site, in a ruling that 'respectfully disagrees' with similar cases with the opposite outcome.
An employer has defended standing down a worker soon after she complained about bullying, based on a selection process that took into account numerous performance issues.
An employer "wildly exaggerated" its inability to pay an employee her full redundancy entitlement, but has nonetheless succeeded in reducing the amount.
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.
The Fair Work Commission has found an employee would have accepted a demotion and pay cut rather than "face the unemployment queue" during COVID-19, in awarding him maximum compensation for unfair dismissal.
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.