An imperfect disciplinary process and differential treatment of an employee didn't undermine an employer's valid reason to sack her for misconduct, but the Fair Work Commission has nonetheless ordered her reinstatement.
The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
An employee sacked for aggressive and threatening conduct has won reinstatement, after the Fair Work Commission found his employer failed to consider his challenging personal circumstances before dismissing him.
A sacked employee wasn't "up to the job", according to his employer, and his role was no longer required, but the Fair Work Commission has ruled his dismissal was nonetheless unfair.
An unfair dismissal claim won by an employee suspected of misusing his personal leave entitlement highlights that employers should avoid making hasty conclusions about misconduct, a lawyer says.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.
Secretly working in a second job and being dishonest after it was discovered constituted serious misconduct, the Fair Work Commission has found in upholding an employee's summary dismissal.
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.
