An employer had a valid reason to sack a worker whose repeated inappropriate and unprofessional behaviour made the employment relationship untenable, the Fair Work Commission has ruled.
An employee who refused 32 redeployment options didn't realise his employment was at risk until it was too late, the Fair Work Commission has accepted in allowing his unfair dismissal claim to proceed.
An employee removed from a client site due to complaints about "gossiping" could have received better treatment but ultimately wasn't unfairly dismissed, the Fair Work Commission has ruled.
The Federal Court has found an employer threatened employees with repatriation to "intimidate them into silence", knowing they would put up with below-award rates and conditions.
An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.
Providing access to workplace investigation documents could result in staff not cooperating in future with "complete candour", a commissioner has accepted in upholding an employer's refusal.
In a significant decision, an employee has failed to convince the High Court that his employer breached its enterprise agreement when disciplining and then dismissing him for exercising his intellectual freedom.
Management action does not have to be "perfect" or industrially fair for it to be reasonable, a Commission has noted in finding a stressed employee was not entitled to compensation for a psychological injury.
An employee was wrong to think a performance improvement plan was an attempt to "push her out of the company", the Fair Work Commission has found, accepting that an HR manager tried to alleviate her fears.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.