An employer has defended sacking a worker for making inappropriate comments and refusing to follow a "fundamental direction", even though its process was flawed.
An employer's decision not to investigate bullying allegations or interview witnesses because the incidents occurred a long time ago made no sense, a commission has ruled.
An employer should have ended a disciplinary process after giving an employee a written warning, instead of escalating the matter in a bid to end the employment relationship, the Fair Work Commission has ruled.
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.
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.
