An employee has failed to prove her dismissal for "very serious" misconduct was harsh because she'd already been subjected to a prolonged investigation and "significant" penalty regarding earlier allegations.
After sacking an employee for a code of conduct breach involving a consensual s-xual interaction, an employer has successfully appealed against orders to reinstate and compensate him.
As employees become increasingly litigious, adverse action claims show no signs of slowing down. Watch this HR Daily Premium webcast to ensure your knowledge of case law and risk mitigation tactics is up to date.
It was unfair to deny a long-serving employee the opportunity to respond to his potential dismissal, despite his incapacity to return to work, the Fair Work Commission has found.
Despite making no findings, the Fair Work Commission has said an employer should investigate the incident at the centre of an employee's application for stop-sexual-harassment orders.
An employer took a "narrow view" of the reasons why an employee resigned after she unwillingly appeared in a sexualised workplace safety poster, a Fair Work Commission full bench has found.
A "fundamentally unreasonable" misconduct investigation has revealed an employer's culture as "one where management protects itself by finding scapegoats to appease complaint or criticism", according to the Fair Work Commission.
It was unreasonable to revoke an employee's flexible work arrangements and then sack her because she took extended periods of leave, the Fair Work Commission has ruled in ordering her reinstatement.
A manager who produced an "offensive" and factually incorrect template letter when her employer enquired about her coronavirus vaccination status was unfairly sacked due to procedural deficiencies.