Misconduct | Page 10 (803 items)

A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.

Accusing an employee of misconduct and issuing her a warning, in circumstances which at their highest pointed to an inadvertent breach, was not reasonable administrative action, a tribunal has found.

After responding to multiple performance and conduct concerns with only warnings and counselling, an employer has failed to convince the Fair Work Commission that it had a valid reason to opt for termination.

Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.

In upholding the sacking of a worker accused of defrauding his employer of $12, a Fair Work Commission member denied him procedural fairness, a full bench has ruled.

A senior HR business partner's "patently false", "unsubstantiated" and at times "misogynistic" claims have undermined his unfair dismissal case, the Fair Work Commission has chastised.

Sacking an employee for acting aggressively towards a woman wasn't evidence of a "corporate culture that favoured females over males", a full bench of the Fair Work Commission has ruled.

Despite signs of a "permissive attitude" towards name-calling at work, an employer was entitled to reprimand an employee for racial stereotyping a colleague, a commission has found.

The "optics" would be poor if an employer retained a senior employee who was convicted of domestic violence, a commission has found in rejecting his unfair dismissal appeal.

"Knowingly and repeatedly" flouting directions not to catch up on work after hours amounted to serious misconduct, the Fair Work Commission has ruled in rejecting an employee's unfair dismissal claim.