An employee has failed to prove he was unfairly sacked for his out-of-hours assault of a subordinate, with whom he was having an affair, after arguing it didn't impact his work performance.
An employer's s-xual harassment investigation focused on a complainant's "subjective reactions" and failed to fully consider the context of an incident, the Fair Work Commission has ruled in ordering reinstatement.
An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.
An employee who set out to cause marital problems for his manager deserved to be sacked, but he was denied procedural fairness, the Fair Work Commission has ruled.
A procedurally unfair dismissal process didn't negate an employer's right to sack a worker over social media posts that mocked domestic violence, expressed racist sentiments, and vilified minority groups, the Fair Work Commission has ruled.
An employee who attributed his repeated lateness to a biological challenge (he wasn't a morning person), while his manager considered it a "pattern of wilful behaviour", has failed to prove his dismissal was unfair.
An employer "undertook a degree of crystal ball gazing" when it sacked a worker based on the view it was "only a matter of time" before his mouthy behaviour became "actual violence", the Fair Work Commission has ruled.
It was "easy" to see why an employee believed she had been targeted for disciplinary action, but she was ultimately the "author of her own misfortunes", a court has found in rejecting her adverse action claim.
A recruitment panel did not humiliate a job applicant when it recorded in file notes that he was "crestfallen" about his failure to be selected for a role, a commission has ruled.
An employer had a valid reason to sack an employee who attended a protest during work hours and in breach of stay-at-home orders, but its process was harsh, the Fair Work Commission has ruled.
