It would be "unconscionable" to allow an employer to dismiss a group of employees for misconduct after an "arbitrary and unfair" investigation, a Fair Work Commission full bench has ruled.
An employer has failed to prove that it sacked an employee over "threatening" and "offensive" internal communications, with a court finding her complaints about executives "sealed [her] fate".
Managers consistently dealt with an employee's work mistakes in a "positive, encouraging and supportive manner", even while dealing with numerous customer complaints, the Fair Work Commission has found in unfair dismissal proceedings.
An employer has failed to prove it didn't intend to dismiss a worker after she publicly responded to a "hurtful" email about absenteeism, and has been ordered to pay her maximum compensation.
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
