An "adrenaline-charged and stressful situation" didn't excuse an employee who swore, shouted and intimidated a colleague who called him out on a procedural breach, a commission has ruled.
It was "grossly unfair" to give an HR executive a short timeframe to consider a retirement offer, but he was the "unfortunate victim" of a restructure rather than adverse action, a court has ruled.
An employee has failed to convince a commission that "significant" workplace stress excused his disrespectful behaviour. Also in this article, new rulings on misconduct, procedural fairness, redundancy...
An employer followed its enterprise agreement "unconsciously rather than deliberately" in deciding whether to make a role redundant, but its decision was nonetheless valid, the Federal Court has ruled.
The Fair Work Commission has criticised an HR director's entirely email-based disciplinary process, in finding an employee was unfairly dismissed for his disrespectful "tone".
An employer had no choice but to remove an employee from a client's site, but its communication failures made the dismissal unfair, the Fair Work Commission has found.
A employee sacked for social media breaches has won a rehearing of her dispute, after the initial judge failed to give detailed reasons for dismissing her claim.
An employer and employee facing a stop-bullying application have convinced the Fair Work Commission to grant permission for them to be legally represented.
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.
