It was possible an employer wasn't aware of a worker's injury when it directed him to perform a task beyond his capacity, but dismissing him for refusing was harsh and unreasonable, the Fair Work Commission has ruled.
Summary dismissals are often disputed, and they can have serious consequences for employers when they're found to be unfair. Watch this webcast to understand how to avoid common pitfalls when responding to serious misconduct.
A ruling that an employee's performance-based dismissal was unfair contained numerous errors, a full bench of the FWC has found, in clarifying what constitutes "harsh" under the Fair Work Act.
An employer that claimed to have video footage of an employee's alleged serious misconduct, but didn't show it to him, must now defend his late unfair dismissal claim.
Simply "going through the motions" after making a dismissal decision doesn't provide procedural fairness, the Fair Work Commission has reminded an employer, finding it unfairly sacked a manager who abused and intimidated others.
An employee who breached the confidentiality of his own show-cause process while he was "overcome with emotion" has lost his appeal against proposed disciplinary action.
An employee who argued he was trying to keep customers "happy" when he caused $150k damage to his employer's property has failed to convince the Fair Work Commission he was unfairly dismissed.
There's a "relatively high threshold" that employers need to meet when taking disciplinary action against an employee for out-of-hours misconduct, a workplace lawyer says.
An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
