There's a "relatively high threshold" that employers need to meet when taking disciplinary action against an employee for out-of-hours misconduct, a workplace lawyer says.
A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.
An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.
Employers continue to face shifting boundaries regarding their ability to address misconduct that occurs outside the workplace or normal working hours. Watch this webcast for an update on recent case law and best practices.
The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.
The potential for an employee's behaviour in an airport lounge to cause "serious damage" to her work relationship meant she couldn't argue it was out-of-hours conduct unworthy of dismissal, the Fair Work Commission has ruled.
In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.
A former CEO deliberately misled a recruitment panel when he failed to disclose that in a prior role he was found to have "knowingly engaged" in unconscionable conduct, a tribunal has ruled.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
