A manager's "dramatic" shift from supporting an employee to sacking her for serious misconduct was driven by "vindictive personal reasons", the Fair Work Commission has found, in awarding her $56k in compensation.
The fact that an employee's false bullying allegations against a colleague were just "bluff and bluster" made in the "heat of battle" didn't excuse his conduct, the Fair Work Commission has found in upholding his dismissal.
After shoving a woman out of a lift on his way to work because he thought she was "rude", an employee has failed to convince the Fair Work Commission he was unfairly sacked.
"Anomalies" in an employer's management of performance and conduct issues meant the process lacked clarity and resulted in a dismissal that was valid, but harsh, the Fair Work Commission has found.
Requesting medical information about an absent employee was lawful and reasonable under his contract, and his refusal to grant access warranted summary dismissal, the Fair Work Commission has ruled.
It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.
In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.
An employee who complained he shouldn't have to undergo communication training, because he had ADHD and autism, was fairly sacked for misconduct, the Fair Work Commission has ruled.
"Any reasonable adult worker" should understand that using offensive language to describe a CEO and other employees constitutes misconduct, a tribunal has noted in dismissing a sacked employee's application for reinstatement.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
