Emails to an HR practitioner showed an employee appreciated his help in facilitating her retirement, and not that she was "forced down a path she did not want to take", the Fair Work Commission has found.
The Fair Work Commission has rejected that an employee was unfairly dismissed for physically assaulting a coworker, despite flaws in the termination process and the overall harshness of the decision.
Covertly applying for a job with an employer's client didn't breach an employee's contractual restraint, but it was nonetheless misconduct that warranted her dismissal, the Fair Work Commission has found.
Engaging an external contractor didn't undermine an employer's genuine redundancy defence to an unfair dismissal claim, the Fair Work Commission has found, rejecting there were any signs of a "sham".
An employee has been chastised for "grasping at excuses for his unacceptable conduct", with the Fair Work Commission accepting he posed a "serious and imminent risk" to workplace health and safety and was fairly sacked.
Mischaracterising a performance issue as misconduct is a common mistake that can significantly undermine an employer's defence of unfair dismissal claims, a lawyer says.
Frustration with an employee who acted unprofessionally should not have coloured an employer's perception of whether her "disrespectful" comments amounted to a resignation, the Fair Work Commission has found.
The reverse onus of proof in adverse action cases shouldn't be a "free kick" for employees to name numerous decision-makers without properly identifying their role in alleged contraventions, an employer has argued.
Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.
The Fair Work Commission has stayed the reinstatement of an employee whose dismissal was unfair, while downplaying the employer's concerns about his potential impact on others in the workplace.
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.
