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.
An employee who claimed mental health issues prevented him from returning to the office after a year of remote working has failed to prove he was unfairly sacked for ignoring directions.
A PIP is not a disciplinary process but "a plan to address deficiencies to enable an employee to succeed", the Fair Work Commission has reminded an employer that "bypassed" proper procedures.
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