Dismissal | Page 74 (1,796 items)

An employer's s-xual harassment investigation focused on a complainant's "subjective reactions" and failed to fully consider the context of an incident, the Fair Work Commission has ruled in ordering reinstatement.

The Fair Work Commission has ordered reinstatement after finding an employer's tendency to "inflate the gravity and seriousness" of a worker's misconduct led to a harsh dismissal.

A 60-year-old employee sacked because he could no longer perform the inherent requirements of his role was not unfairly dismissed, despite arguing HR defamed him, a commission has found.

The Fair Work Commission's past approach to determining whether a worker is an employee or contractor is "no longer good law", a deputy president has said in rejecting an unfair dismissal claim.

An employer effectively forced a poor-performer to resign but it didn't unfairly sack him; rather, it was trying to give him a "dignified exit", the Fair Work Commission has found.

An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.

A Fair Work Commission full bench has affirmed the principles of what constitutes work-related conduct out-of-hours, in upholding an employer's appeal against a reinstatement order.

It was unfair to dismiss an employee for engaging in a consensual "interaction" on a work retreat, the Fair Work Commission has found in ordering his reinstatement and six months' backpay.

Spreading "fear mongering rubbish" on social media and attending a large protest during COVID lockdowns last year made an employee's dismissal valid, but her "dire" financial circumstances at the time rendered it harsh.

An employer has defended sacking a manager for being "out of his depth" when it came to implementing procedures, training subordinates and generally connecting with colleagues.