A voluntary resignation will not be considered forced simply because an employee is dissatisfied with their treatment at work, the Fair Work Commission has affirmed in a constructive dismissal dispute.
An employee's numerous instances of misconduct outweighed a procedural flaw in her dismissal, but her employer overstepped in sacking her without notice, the Fair Work Commission has ruled.
An employer has failed to convince a Fair Work Commission full bench that an employee had a duty to be honest during an investigation into his out-of-hours fight with a colleague.
An employer was entitled to re-investigate an incident after receiving new information, but it was "grossly unfair" to make different findings when the facts remained "essentially" the same, the FWC has ruled.
An employee's aggressive and threatening behaviour towards colleagues warranted his dismissal, but his employer's failure to provide an opportunity to respond to allegations was harsh, the Fair Work Commission has ruled.
An employer that failed to follow its own disciplinary process during "bedlam" after negative media reports has nonetheless defended sacking an employee who made a "s-xualised" social media post.
An HR advisor's "detachment" from an investigation and its relevance to an employee's disciplinary process was "unacceptable", the Fair Work Commission has ruled in stop-bullying proceedings.
Whether it's 'keyboard warriors', online bullying/harassment, #metoo allegations, disparaging remarks or political views, employees' social media activity can give employers plenty to be concerned about. Watch this webcast to understand how this area interacts with employers' legal rights and responsibilities.
It was unfair to sack an employee whose performance deteriorated after a workplace injury and caused "resentment" from her manager, the Fair Work Commission has ruled in awarding maximum compensation.
