An employer failed to learn from its mistakes and unfairly sacked a long-serving worker for returning a positive D&A test, the Fair Work Commission has found in ordering reinstatement.
It was reasonable to summarily dismiss an employee for biting, physical fighting and buttock slapping, with the Fair Work Commission finding his behaviour wasn't "horseplay or friendly banter".
An employee who held a "fundamentally different view" of his performance to that of his employer has lost his unfair dismissal claim, with the Fair Work Commission finding he was given "multiple opportunities" to improve.
It was fair to sack a director who failed to disclose a s-xual relationship with a subordinate and was "essentially dishonest" when questioned about it, the Fair Work Commission has ruled.
An employee has failed to prove his employer and two HR managers tried to pressure him into an "unreasonable" on-call roster, and then unlawfully sacked him after he refused.
An employee who resigned in the "heat of the moment" was dismissed, the Fair Work Commission has ruled, finding the employer failed to clarify whether she "really intended" her action.
An employee has won nearly $20k compensation after her employer summarily dismissed her, with the Fair Work Commission finding it failed to properly investigate allegations that her bullying behaviour caused three colleagues to resign.
An employee voluntarily resigned because he couldn't let go of a workplace grievance, the Fair Work Commission has ruled, finding he could have instead followed his employer's directions to stop all disrespectful communications.
An employer's "abrupt" dismissal of a poor performing employee, after finding he "wasted" seven hours browsing non-work-related websites, was procedurally deficient, the Fair Work Commission has ruled.
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.
