It was unfair to deny a long-serving employee the opportunity to respond to his potential dismissal, despite his incapacity to return to work, the Fair Work Commission has found.
An employee who offered to take unpaid leave or perform alternative duties until he could defend criminal allegations was not unfairly sacked, the Fair Work Commission has found.
A previously lenient response to incorrect mask-wearing didn't prevent an employer from later taking "firm and fair disciplinary action" against an employee, but her summary dismissal was nonetheless harsh, the Fair Work Commission has ruled.
An employee's medical exemption from receiving a flu vaccination did not mitigate the risks she posed to other workers and vulnerable clients, the Fair Work Commission has ruled in rejecting her unfair dismissal claim.
Evidence that an employer thought a worker's overtime pay enquiry suggested "rot" would spread through the organisation has undermined its defence to an adverse action claim.
An employee who reacted strongly to complaints about his workplace behaviour was unfairly sacked when a warning would have sufficed, the Fair Work Commission has ruled.
An employer accused of taking unlawful adverse action was "left without a leg to stand on" when a judge based her finding on a "suspicion" of conspiracy, the Federal Court has ruled in upholding its appeal.
An employer took a "narrow view" of the reasons why an employee resigned after she unwillingly appeared in a sexualised workplace safety poster, a Fair Work Commission full bench has found.
A "hostile and combative" employee who described her refusal to comply with instructions as "a mere expression of opinion" was fairly dismissed, the Fair Work Commission has found.
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.
