An employee was sacked because his poor performance exposed his employer to an "unacceptable level of risk", the Federal Circuit Court has ruled in rejecting his adverse action claim.
Dismissing employees for poor performance can be challenging at the best of times, but in the current environment, where employees have less to lose by making a claim, it's even more of a minefield.
Many employers have hit pause on disciplinary processes in light of disruptions caused by COVID-19, and procedural fairness will be critical as these recommence, says a workplace lawyer.
A Qantas engineer was rightly sacked for "plainly unwelcome" and "sleazy" behaviour, despite errors in the allegations against him, the Fair Work Commission has ruled.
A decision that a BHP worker who played a prank at an airport was unfairly dismissed has been quashed, after an appeal bench found criticism of the employer's "Fair Play Guidelines" was misconceived and irrelevant.
The five-minute disciplinary meeting that preceded an employee's summary dismissal was a chance to show cause "in name only", and more akin to an "ambush", the Fair Work Commission has found.
An employee's unfair dismissal appeal has been rejected, with the Fair Work Commission accepting that his dishonesty and refusal to comply with reasonable directions warranted termination.
Managing ill and injured employees can become incredibly complex, so it's important for employers to remember they have a clear right to seek medical information to help them in the process, according to a workplace lawyer.
