Allegations that prompted the sacking of a complaining employee were "based on flimsy foundations" and caused her mental harm, the Federal Court has ruled in awarding her $382k in compensation and penalties.
"Any reasonable adult worker" should understand that using offensive language to describe a CEO and other employees constitutes misconduct, a tribunal has noted in dismissing a sacked employee's application for reinstatement.
The involvement of dedicated HR specialists had an "adverse" impact on the procedures an employer followed when sacking a worker, and warranted an order for maximum compensation, the Fair Work Commission has ruled.
It was "fanciful" for an HR professional to defend forwarding confidential work information to his personal email, according to the Fair Work Commission, rejecting that his dismissal "did not fit the crime".
Giving an employee one day to respond to a show-cause letter after accusing him of assaulting a colleague was unreasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
A finding that an employee "acted with a lack of urgency" to ensure he maintained legal working rights was open to the Fair Work Commission, a full bench has confirmed in rejecting his unfair dismissal appeal.
Rude and unprofessional behaviour towards customers, which persisted despite warnings and performance coaching, provided a valid reason for an employee's dismissal, the Fair Work Commission has found.
An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.
Notifying an employee of his impending dismissal meeting using a "banal" phrase didn't put him on notice his job was at risk, but the Fair Work Commission has ruled his redundancy was nonetheless genuine.
Encouraging an employee to take some time to "sort out" her mental health issues did not constitute a constructive dismissal, the Fair Work Commission has found.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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