Giving an employee one day to respond to a show-cause letter after accusing him of assaulting a colleague was unreasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
It was reasonable to conclude an employee had lied about being sick, based on social media photos that showed him enjoying a weekend away with friends, the Fair Work Commission has ruled.
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.
Despite a "sub-optimal" workplace that condoned conversational swearing, an employee should have been aware that referring to female staff as "those b-tches" was grossly inappropriate, the Fair Work Commission has ruled.
Secretly recording workplace conversations and disseminating them to colleagues was "sneaky, deceitful and unfair", the Fair Work Commission has ruled, finding the employee in question "needed to be stopped".
Summarily sacking an employee after he significantly over-reported work linked to bonus payments was fair, despite a flawed dismissal process, the Fair Work Commission has ruled.
An employee who was "hypersensitive" to workplace gossip and criticism has won compensation for a psychological injury, after a commission found a procedurally unfair misconduct investigation was its predominant cause.
Despite not previously addressing an employee's inappropriate language at work, an employer has been cleared to discipline her for failing to role model "positive workplace behaviours".
Sacking an employee for failing to disclose a "very serious injury" did not cause his "downhill spiral" into dr-g use, a tribunal has ruled in a workers' compensation dispute.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
