Mischaracterising a performance issue as misconduct is a common mistake that can significantly undermine an employer's defence of unfair dismissal claims, a lawyer says.
Frustration with an employee who acted unprofessionally should not have coloured an employer's perception of whether her "disrespectful" comments amounted to a resignation, the Fair Work Commission has found.
Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of s-xual misconduct should be reinstated.
The reverse onus of proof in adverse action cases shouldn't be a "free kick" for employees to name numerous decision-makers without properly identifying their role in alleged contraventions, an employer has argued.
Enterprise bargaining reforms have added a great deal of uncertainty to the negotiating process, because the prospect of an intractable bargaining determination makes it less likely that either side will end up with the outcomes it wants, according to an employment lawyer.
Private workplace messages may well have been "venting", but in body-shaming a manager and encouraging gendered violence they were also inappropriate and warranted discipline, a commission has ruled.
An employee has convinced the Fair Work Commission to order an exception to her employer's hybrid working policy, because after moving further away from its office and enrolling her children in a more distant school, she required a fully remote working arrangement to manage pick-ups and drop-offs.
Workplace issues raised in stop-bullying proceedings could be addressed by clearer guidance and "more rigorous processes", the Fair Work Commission has found, in declining to issue orders.
An employee who complained about gender-based discrimination and harassment has failed to persuade the Fair Work Commission that her resignation was a "probable consequence" of her employer's response to her concerns.
Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.
