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Where there's smoke, there's (unfair) firing
A court has found an employer manufactured a redundancy to get rid of an employee.
Getting breast cancer got her sacked – employer to pay
When a diamond trader sacked a woman for wanting to take sick leave because she’d been diagnosed with cancer and needed surgery, he broke the law. A court will now decide on his penalty. Read about the case here.
No discrimination: autism not disclosed
An employee with autism who was dismissed for aggressive behaviour at work has lost his claim of discrimination and adverse action.
Do the general protection provisions cover 'casual' employees?
This case looks at whether an employee was a casual and the implications of adverse action. Read on for the complexities of this case.
Poor performance, dishonesty and lateness
Are you clear on when summary dismissal amounts to adverse action?
Letter of notification of redundancy
Making jobs redundant can pose significant risks for employers, including claims of unfair dismissal and discrimination.
Termination decision not harsh
A termination decision due to poor health was not harsh despite medical evidence saying the employee could return to their previous employment.
Hr’s Role To “minimise Unfairness” In Redundancies...but Not For One Of Its Own
Despite having operational reasons for redundancy, the employer failed to consider redeployment options and did not consult the employee adequately, rendering the redundancy unjust.
Autistic employee justifiably dismissed for “overstepping boundaries”
The Fair Work Commission upheld the dismissal of an NDIS employee with autism for overstepping professional boundaries.