A "competent" employee was unable to meet the requirements of his role due to an "unfortunate coincidence of circumstances", the Fair Work Commission has found, while upholding his dismissal as fair.
Aggressive and intimidating behaviour was not a valid response to performance management, the Fair Work Commission has found, ruling that the employee's conduct was detrimental to the wellbeing and safety of his colleagues and justified his dismissal.
An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.
Making an employee's pre-parental leave position redundant repudiated her employment contract, but this only turned into a termination when she filed a general protections dismissal dispute, the Fair Work Commission has ruled.
Attempting to recast racially offensive language as a "linguistic misunderstanding" doesn't negate its effect on colleagues and the workplace, the Fair Work Commission has noted in upholding an employee's dismissal.
An employee who breached a workplace policy, ignored a direction and then unilaterally left a disciplinary meeting was unfairly dismissed, the Fair Work Commission has found.
The Federal Circuit Court has reconsidered and set aside its finding that an employer discriminated against an employee with ADHD and Asperger's Syndrome when it dismissed her.
The fact an employee might be reinstated to the organisation against which she sought stop-bullying orders wasn't enough to overcome a jurisdictional objection to her claim.
Confrontational behaviour that prompted an employee's dismissal was not a "one-off incident", the Fair Work Commission has found, in ruling that his history of disruptive and challenging conduct rendered the decision fair.
A role with comparable characteristics was not an "acceptable" alternative for a retrenched employee, partly because it involved travelling to the office an extra day each week, the Fair Work Commission has ruled.
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.
