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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.
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.
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.
Dismissal of HR Manager was “disproportionate” despite misconduct
The Fair Work Commission found the dismissal of an HR Manager disproportionate to her workplace misconduct, highlighting the importance of fair processes and support during promotions.
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.
Employee Wins $27K for Unpaid Wages in Rare Dismissal Case
An employee who was rarely paid on time has been awarded $27,000 after the Fair Work Commission ruled she was forced to resign due to ongoing underpayment.
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.
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.