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.
An employee's partner failed her "spectacularly" in his role as support person and caused her to be unfairly dismissed, the Fair Work Commission has found.
The Fair Work Commission has chastised an employer for its "flawed" investigation of a safety incident, finding that a proper process would have made an employee's dismissal fair.
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.
