Ongoing punctuality and performance issues gave an employer valid reasons to dismiss an employee, but its process was flawed because she had to respond to them "on the spot", the Fair Work Commission has found.
It was "extremely harsh" to dismiss a senior manager who was taking leave due to a psychological injury, after being falsely accused of financial mismanagement, the Fair Work Commission has ruled.
An employee who responded "what are you gonna do sack me", after being told not to text and drive, has won compensation for unfair dismissal in the Fair Work Commission.
Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
A sacked leader "was not without her failings", but her supervisor's "managerial cowardice", in failing to raise any performance concerns with her prior to termination, made her dismissal unfair.
After falsifying timesheets and providing a "wholly unconvincing" explanation for them, an employee was ill advised to persist with his unfair dismissal claim, the Fair Work Commission has noted.
An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.
Despite suspecting an employee intended "two extremely inappropriate gestures" as jokes, the Fair Work Commission has ruled they justified his dismissal.
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.
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.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
