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.
It was "fanciful" for an HR professional to defend forwarding confidential work information to his personal email, according to the Fair Work Commission, rejecting that his dismissal "did not fit the crime".
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".
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
