It was "ludicrous" for an employee to argue a joke towards a colleague wasn't racist and didn't warrant dismissal, the Fair Work Commission has ruled in upholding his dismissal. Also in this article: new misconduct rulings, and more.
An employer's decision to dismiss two employees over past conduct that had been addressed and not repeated was "plainly untenable and indefensible", the Fair Work Commission has ruled.
An employer's belief that an employee should have been coping better with a former colleague's death showed an "old world (and dangerous) view of male stoicism", the Fair Work Commission has ruled in ordering compensation for his unfair dismissal.
An employee who says he joked about making a fraudulent compensation claim but had no intention of following through was unfairly dismissed, the Fair Work Commission has found, rebuking his employer for using a hasty investigation and flimsy evidence to bolster a "highly speculative" allegation.
An "unusual" unfair dismissal case highlights the potential risks employers face when trying to comply with strict whistleblowing laws and procedural fairness requirements during disciplinary matters, a workplace lawyer says.
An employee who was "clearly" aggrieved by how her employer handled her post-injury return to work has failed to prove her redundancy was a "sham" to replace her.
A long-serving employee's dismissal for one instance of misconduct should reinforce to workers that complying with policies "is not optional" and ignoring them can have serious consequences.
An employer's disciplinary approach wasn't "punitive" and unsympathetic; rather it tolerated an employee's inappropriate behaviour for years out of a misplaced "sense of compassion", the Fair Work Commission has found in rejecting a dismissal claim.
An employee who searched ANZ Bank's database for family members, former and current employees, and a local celebrity has failed to convince the FWC her sacking was unfair. Also in this article, new rulings involving bullying, psych claims, performance and more.
An underperforming employee who normally would have been sacked during probation "slipped through the cracks", but his manager's diligent performance management process made the dismissal fair.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
