An employer's failure to follow its own policy didn't automatically "doom" the outcome of its investigation, the Fair Work Commission has ruled, upholding the dismissal of a "loose cannon" who showed no willingness to change.
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An employer unlawfully discriminated against a worker based on his age and disability when a manager sacked him because he had a bad back, poor hearing and was "too old", a tribunal has ruled.
The extent of employers' duty of care to employees during workplace investigations is set to be examined by the High Court, after a worker who unsuccessfully sued for damages following an "insensitive" investigation was granted special leave to appeal the ruling.
An employer's delay in refusing an employee's annual leave request, and its subsequent decision to dismiss her, amounted to "serious mismanagement", the Fair Work Commission has ruled.
An employee who "voluntarily" made herself unfit for work by consuming alcohol engaged in misconduct, but not to an extent that warranted her dismissal, the Fair Work Commission has found.
Failing to offer an employee a support person for a disciplinary meeting contributed to his "heat of the moment" resignation and ultimately made the termination of his employment unfair, the Fair Work Commission has ruled.
An employer that sacked a worker for not being a "good fit" for her role has been ordered to compensate her for unfair dismissal, after the Fair Work Commission found its process was procedurally unfair.
Recent redundancy decisions that have been overturned involve a redeployment sabotage, abandoned performance management, inadequate consultation, and more.
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.
