Dismissal | Page 72 (1,892 items)

Failing to show clear and objective evidence of the connection between employees' out-of-hours misconduct and the workplace is often where employers fall down when trying to defend claims, according to a lawyer.

A worker's "general comments" about his mental health meant an employer was unaware that he required more workplace support than it otherwise gave him, the Fair Work Commission has ruled in unfair dismissal proceedings.

Amid soaring absence rates many employees are now being accused of abandoning their employment, but there's a high threshold for establishing this in a dispute, a lawyer says.

The Fair Work Commission has ordered an employee's reinstatement after finding "one isolated incident" at work, which resulted in criminal charges, didn't warrant dismissal "without some kind of warning first".

The boundaries of what activity an employer can regulate outside the workplace or normal hours have always been blurry, a situation now exacerbated by hybrid and remote working. Watch this HR Daily Premium webcast to get a clearer picture of what your organisation is responsible for, and how behaviour can be managed.

Demoting an employee whose "zealous approach" to his role negatively affected workplace relationships was fair and reasonable, the Fair Work Commission has ruled.

An employee has failed to prove she was forced to resign for the sake of her mental health, alleging she was bullied and falsely accused of misconduct.

Sacking a worker for being unable to perform the inherent requirements of her role, which included reporting to a manager who had bullied her, was not unlawful adverse action, an employer has proved.

An employee whose attitude and conduct "crossed a line" after his colleague's workplace treatment has failed to prove he was unfairly sacked.

A manager with post-traumatic stress disorder has accused an employer of having "no care factor", claiming that with the right support and adjustments, she could have returned to work.