Rude and unprofessional behaviour towards customers, which persisted despite warnings and performance coaching, provided a valid reason for an employee's dismissal, the Fair Work Commission has found.
"Aggressive and deprecating" comments from a supervisor couldn't be considered reasonable management actions, a commission has noted in finding an employer liable for a psychological injury.
The Fair Work Commission has sided with an employer that sought to reduce the time an employee worked from home, saying it's expected that management will "take reasonable measures to ensure that staff are providing the value for which they are paid".
In the absence of "specific and cogent evidence" to supports its serious misconduct allegations, an employer couldn't prove it had a valid reason to sack an employee, the Fair Work Commission has found.
Increasing disclosures of mental health and neurodivergent conditions in the workplace mean it's never been more important for employers to respond appropriately. Watch this Q&A to understand employees' rights and obligations, and how to move towards best practice in this space.
A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.
An employee's stop-bullying application contained some "frivolous and vexatious elements", but his allegations about an HR business partner were "highly offensive, indefensible and damaging", the Fair Work Commission has found.
An employer could have prevented its employee's removal from a site, and his subsequent unfair dismissal, if it had proactively addressed the performance and attendance issues its client raised, 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.
It was unfair to say an employee "should have known" that his performance was unsatisfactory, when the employer gave him no warnings and failed to follow its own policy before summarily dismissing him, according to the Fair Work Commission.
