An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.
It was "highly inappropriate" for an employee to secretly record a meeting about remarks he had made threatening his employer's reputation, the Fair Work Commission has found.
Assessing the potential risks that whistleblowers face in their organisation requires HR leaders to take a "really broad" view, a workplace lawyer stresses.
Despite having conducted a 19-month investigation, an employer needed "more robust" evidence to prove an employee deliberately tried to provoke workplace conflict, a commission has ruled.
A supervisor who referred to workers as "dumb c-nts" and failed to report a subordinate's harassment and excessive "farting" in the office has failed to prove his dismissal was unfair.
It was fair to sack an employee who regarded a code of conduct as simply a "moralistic document" rather than a "directive of expected behaviour", the Fair Work Commission has ruled.
An employer was right to investigate bullying complaints against an employee, but it has failed to prove that it was reasonable to later add numerous other allegations for consideration, a commission has ruled in psychological injury proceedings.
A ruling that an employer prejudged an employee's misconduct should send a "salutary message" to all others about the need to provide genuine opportunities to respond, the Fair Work Commission says.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
