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.
The Fair Work Commission has rejected an employee's unfair dismissal claim, after refusing to accept his secret recording of a disciplinary meeting as evidence.
An employer that sacked an employee for taking excessive breaks and sleeping on the job could have done more to substantiate its allegations, but still had sufficient evidence to justify dismissal, the Fair Work Commission has ruled.
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.
