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Unfair Dismissal: Employer’s Failure To Provide Evidence Of Misconduct Leads To Reinstatement

The Fair Work Commission ruled that an electrician was unfairly dismissed after his employer chose to exclude a key witness from the investigation, resulting in a lack of evidence for the alleged misconduct.

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Conduct policies not explained properly so dismissal unfair

A dismissal was deemed unfair after a 20-year employee violated workplace conduct policies he didn’t fully understand.

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Was Dismissal Forced? Commission Decides

A worker who felt she was forced to resign lost her unfair dismissal case when the Fair Work Commission found she wasn’t pushed, she jumped.

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Worker abused colleagues, but dismissal still unfair

Despite having a valid reason for dismissal, a tribunal has upheld a worker's unfair dismissal claim after finding the employer failed to follow procedural fairness.

Is a positive drug test enough to justify dismissal?

A recent Fair Work Commission ruling questions whether a positive drug test alone can justify dismissal.

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Teacher gets $14k+ for unfair dismissal despite valid reason to dismiss

A valid dismissal gone wrong: a school was ordered to pay $14K after mishandling the process — proving that how you dismiss can matter just as much as why.

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Drug-Test Conflicts Lead to Unfair Dismissal Ruling

Conflicting drug test results cost a worker their job, but procedural flaws saw the dismissal ruled unfair.

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Refusal to sign less favourable employment contract resulted in unfair dismissal

The Fair Work Commission found that the dismissal was unfair, awarding him $42,552 in compensation.

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Failing to Communicate During Parental Leave Leads to Unfair Dismissal

An employer's failure to consult with an employee during parental leave about a redundancy resulted in an unfair dismissal ruling.

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Employer Ordered to Reinstate Worker After Botched Dismissal

Firing first and asking questions later cost this employer dearly. Find out how a rushed decision and lack of evidence led to a Fair Work Commission reinstatement order.