A procedurally unfair dismissal process didn't negate an employer's right to sack a worker over social media posts that mocked domestic violence, expressed racist sentiments, and vilified minority groups, the Fair Work Commission has ruled.
An employee who refused to get vaccinated has failed to prove he was unfairly dismissed, with the Fair Work Commission describing his employer's process as "difficult to fault".
An employee who attributed his repeated lateness to a biological challenge (he wasn't a morning person), while his manager considered it a "pattern of wilful behaviour", has failed to prove his dismissal was unfair.
Employees should be on notice that their "social" behaviour will attract greater scrutiny and face higher standards than in the past, the Fair Work Commission has ruled in upholding a dismissal for harassment.
An employer "undertook a degree of crystal ball gazing" when it sacked a worker based on the view it was "only a matter of time" before his mouthy behaviour became "actual violence", the Fair Work Commission has ruled.
An employee who refused to receive a flu vaccination and raised objections about breathing his own "expired breath" when wearing a mask has lost his unfair dismissal claim.
An employee made a "conscious decision" to perform his safety-critical role despite taking drugs a few days earlier, the Fair Work Commission has ruled in upholding his dismissal.
An employee who allegedly made inappropriate comments to a member of the public and touched her hair has failed to prove her accusations were so vague as to render his dismissal unfair.
A labour hire company has been ordered to compensate a retrenched worker after the Fair Work Commission found its consultation failures made his dismissal unfair.
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.
