Failing to update workplace policies was a "significant dereliction" of a manager's duty, but his employer's investigation flaws made his dismissal harsh, the Fair Work Commission has ruled.
Instead of accepting an underperforming employee's "gracious" resignation, an employer immediately and unfairly dismissed him for serious misconduct, the Fair Work Commission has ruled.
An employer constructively dismissed an employee after its HR manager failed to investigate her bullying complaints and instead accused her of misconduct, the Fair Work Commission has found.
A tribunal has upheld an appeal by an employee who sustained a psychological injury after being falsely accused of misconduct, in a ruling that shows employers can't just refer to their third-party contracts when relying on a reasonable action defence.
After an employer gave undertakings to keep an employee separate from his alleged bullies, and in circumstances where he seemed unlikely to return to work anyway, it wasn't wrong for the Fair Work Commission to dismiss his stop-bullying application, a full bench has ruled.
Despite maintaining that lying would be an "affront to his faith", an employee has failed to convince the Fair Work Commission he was falsely accused of misconduct.
Errors made by a professional were not reasonable conduct, but fell short of "data manipulation" and didn't warrant summary dismissal, according to the Fair Work Commission.
When informing a director she was being investigated for breaching a code of conduct, an employer failed to take into account her experience of family and domestic violence, and its approach caused her to suffer a psychological injury, a tribunal has ruled.
An employee's bullying allegations were reasonable management actions, the Fair Work Commission has accepted, but it has nonetheless urged an employer to improve its complaints handling process.
A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
