An employer's failure to intervene with mediation in a workplace conflict that culminated in an employee's sacking didn't make his dismissal unfair, a commission has found.
An HR general manager thought it would be "insulting" to offer a retrenched employee "lesser" roles due to his skills and experience, but failing to at least have this conversation made his dismissal unfair, the Fair Work Commission has found.
After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.
It was fair to sack a worker who created a psychosocial safety risk by sending threatening and belittling texts after hours to his manager, the Fair Work Commission has ruled.
Summarily dismissing a worker for evading a drug test was warranted, despite his claims he had "defecated in his pants" and needed to rush home, according to the Fair Work Commission.
There was a "significant degree of unreality" in an employee's claim that his employer no longer wanted to be bound by their contract, the Fair Work Commission has ruled, finding he wasn't forced to quit.
The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.
An employer has defended dismissing an employee whose performance figures were improving, with the Fair Work Commission finding the quality of his work was his downfall.
When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".
Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
