An employer might have an "arguable" appeal case against a finding it unfairly sacked an employee who engaged in a heated email exchange with his CEO, the Fair Work Commission has ruled.
In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area.
An employer's decision to sack a worker for serious misconduct would have been unfair were it not for facts that emerged immediately after his dismissal, the Fair Work Commission has ruled.
The Fair Work Commission has praised Telstra's approach to performance managing and ultimately dismissing an employee who repeatedly failed to meet her targets.
An employer that sacked a worker for swearing at his colleagues has been ordered to reinstate him, with the Fair Work Commission finding a "plethora" of reasons made his dismissal unfair.
It's crucial for employers to seek a second opinion when relying on social media evidence to take disciplinary action over misuse of sick leave entitlements, a lawyer warns.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
