A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
The High Court has restored a $1.44 million damages award to an employee who had a "catastrophic" reaction to his misconduct dismissal, with the majority ruling that when the employer didn't follow its disciplinary policy, it breached the worker's contract.
Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.
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.
