An employer must compensate a manager it sacked for s-xually harassing a customer, after the Fair Work Commission found its dismissal process was "procedurally disastrous".
The Fair Work Commission has rejected that an employee kicked and pushed a colleague in a "fight or flight" reaction, finding her conduct warranted dismissal despite a flawed procedure.
An employee's intellectual freedom rights trumped his employer's code of conduct requirement to treat others with sensitivity, a full Federal Court has ruled in upholding his appeal.
The FWC has ordered reinstatement for an employee sacked for serious misconduct, after finding his unblemished safety record made dismissal a disproportionate response.
An employee who wouldn't disclose details of a suspected mental health condition has failed to prove she was unfairly sacked for failing to attend an independent medical exam.
An employee who was banned from a client's premises after he allegedly called one of its female employees a "c-nt" was fairly dismissed, the Fair Work Commission has found.
Substantiating a formal complaint against an employee who had no opportunity to respond was more than a "mere blemish" in a disciplinary process, a commission has ruled in upholding her psychological injury claim.
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.
