An employee who won reinstatement six years ago after being sacked for misconduct has again been given his job back, with a commission finding his most recent dismissal was a disproportionate response to his "stupid" out-of-hours behaviour.
An employee who made numerous bullying and harassment complaints about a manager during her seven weeks of employment has failed to prove she was unlawfully sacked.
An employer had a valid reason to sack an employee who continuously underperformed in his role and caused it "significant" financial loss, the Fair Work Commission has ruled.
An employee's "vile and racist" social media posts were anonymous enough not to be a sackable offence, but his "violent takedown" of another person warranted his dismissal, the Fair Work Commission has found.
An employee's stress during a restructure was potentially exacerbated by some "miscommunication", but her redeployment was reasonable and didn't force her to resign, the Fair Work Commission has ruled.
An employee sacked by a supervisor without authority was entitled to decline an HR manager's invitation to restore his employment, the Fair Work Commission has ruled in clearing him to pursue his adverse action claim.
The Fair Work Commission has been dealing with a raft of resignation disputes lately, and HR teams are "going to see a lot more of this", a lawyer warns.
Three months was a "reasonable" amount of time to wait and see if an employee recovered from a psychological injury so he could return to work, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
An employee who resigned because of a manager's "toxic" communication style has failed to prove this was her only option, despite the Fair Work Commission agreeing that it can be "very hard to tell a bully that they are a bully".
An employee's comments to a colleague "under the guise of humour" went "far beyond simply swearing" and amounted to s-xual harassment, 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.
