A sacked leader "was not without her failings", but her supervisor's "managerial cowardice", in failing to raise any performance concerns with her prior to termination, made her dismissal unfair.
HR's role in a performance review and management process was "worthy of scrutiny", the Fair Work Commission has noted, in ordering an employer to reinstate a senior employee.
After falsifying timesheets and providing a "wholly unconvincing" explanation for them, an employee was ill advised to persist with his unfair dismissal claim, the Fair Work Commission has noted.
An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.
Using a work email address to enquire about a job opportunity wasn't serious misconduct that warranted summary dismissal, the Fair Work Commission has ruled.
Despite "profoundly troubling" evidence about an employee's inappropriate workplace interactions, a Fair Work Commission full bench has declined to overturn a finding that his dismissal was unfair.
Despite suspecting an employee intended "two extremely inappropriate gestures" as jokes, the Fair Work Commission has ruled they justified his dismissal.
An imperfect disciplinary process and differential treatment of an employee didn't undermine an employer's valid reason to sack her for misconduct, but the Fair Work Commission has nonetheless ordered her reinstatement.
An order to reinstate an employee is set to be reconsidered, after his employer successfully argued that important evidence supporting its serious misconduct allegations wasn't just "hearsay".
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
