A manager who responded to misconduct allegations with denials, counter-allegations, and 13 statements of support from colleagues has failed to convince the Fair Work Commission he was unfairly dismissed.
A manager's "playful gesture" to ease workplace tensions with a colleague was "entirely inappropriate", but it wasn't misconduct that warranted her demotion, a commission has ruled.
An employee held "premature" concerns that he would be dismissed if a misconduct investigation against him continued, the Federal Court has ruled in refusing to grant his request to pause it.
A worker accused of failing to read "social-emotional cues" did not harass a colleague when repeatedly trying to apologise for hitting her in the head, a commission has found.
A director who could at times be "uncompromising, argumentative or abrasive" has won reinstatement, continuity of service, and $87k in backpay and compensation, after the Fair Work Commission found his dismissal for serious misconduct was unfair.
The timing of a worker's casual conversion request and an audit into his conduct, which led to his dismissal, was "too coincidental" not to be linked, the Fair Work Commission has ruled in awarding him three months' compensation.
An employer should have considered performance management or a "significantly clear warning" after an experienced employee breached its policies, instead of moving straight to termination, the Fair Work Commission has ruled in ordering her reinstatement.
An employer had valid reasons to sack an employee who couldn't maintain constructive workplace relationships, but it unfairly failed to warn him his employment was at risk, the Fair Work Commission has ruled in awarding compensation.
There is now a much greater onus on employers to take a trauma-informed approach to workplace investigations involving sensitive matters, an employment lawyer says.
It was unfair of an employer not to follow through with its promise to discuss dismissal alternatives with a vaccine-hesitant worker, the Fair Work Commission has ruled.
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.
