Sharing offensive material with colleagues on social media was "abject stupidity", a Fair Work Commission full bench has found, but the conduct wasn't sufficiently connected to work to justify dismissal.
An employee was inappropriately accused of "criminal" conduct then subjected to a procedurally deficient investigation, the Fair Work Commission has found in upholding her unfair dismissal claim.
An employee's claims that she was "intimidated", "mobbed" and "coerced" at work were "unfounded and nonsensical" allegations designed to "pollute" her general protections claim with scandal, the Fair Work Commission has chided.
An employer's "perseverance" with a proposal to reduce an employee's hours due to health and safety concerns forced her to quit, the Fair Work Commission has ruled in awarding her $29k in compensation.
An employer's failure to suspend a manager "at any time" during a 10-month investigation into aggressive conduct allegations has undermined its decision to dismiss him.
The former CEO of Harrier Group was summarily dismissed for deliberately misusing her work credit card while the company was struggling financially, not because she raised bullying and pay issues, the Federal Circuit Court has ruled.
An employee's "severe error in judgement" in attending work while intoxicated outweighed his employer's "meaningful failure" to check on his welfare after sending him home, the Fair Work Commission has found.
A team leader who choked a colleague and threatened to kill another after they "provoked" him was fairly dismissed, the Fair Work Commission has ruled, rejecting that his actions were a "fight or flight" response and therefore justified.
An employer was entitled to dismiss an employee who committed safety breaches to provoke a reaction from colleagues and then threw an "adult tantrum" when they called him out on it, the Fair Work Commission has found.
An employer dismissed an employee when it changed her position from part time to casual without her agreement, the Fair Work Commission has found, clearing her to pursue her general protections claim.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
