Following his "unquestionably harsh" constructive dismissal, an employee has failed to convince the Fair Work Commission that his "complex and severe psychiatric condition", and his loss of credentials due to a recent criminal conviction, shouldn't rule out reinstatement as a remedy.
An employer must reinstate an employee it accused of time theft and safety breaches, after the FWC found his allegedly serious misconduct either didn't occur, or was a "one-off record keeping breach".
Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to the Fair Work Commission.
Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.
A physical altercation at a "kick on" after a Christmas party was work-related, even though the event was "not in any way organised authorised or proposed" by the employer, the Fair Work Commission has found.
Bringing a prohibited item to a workplace demonstrated an "astonishing" lack of judgement that went beyond "simply misguided", the Fair Work Commission has found, in upholding an employee's dismissal as fair.
It wasn't harsh or disproportionate to sack an employee who'd repeatedly been warned about starting work late and failing to show up for shifts, despite his claim that the final time was "a genuine mistake", the Fair Work Commission has found.
An employee who claimed her ADHD caused colleagues to misinterpret her actions or "scapegoat" her was not unfairly dismissed, according to the Fair Work Commission.
Despite an employee's previous warning and the seriousness of an incident that occurred under her watch, the Fair Work Commission has found her dismissal was unfair because her conduct wasn't negligent.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
