Questioning the need for an Acknowledgement of Country at the beginning of a weekly meeting was not misconduct that warranted dismissal, the Fair Work Commission has ruled.
"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.
An employee who breached an AVO by approaching his former partner at work has failed to convince the Fair Work Commission it was a "family matter" and that his dismissal was unfair.
A supervisor was unfairly sacked for bullying and timekeeping fraud, the Fair Work Commission has ruled, finding his employer denied him an opportunity to defend himself.
Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.
An employer had a valid reason to dismiss an employee who breached its code of conduct, and its decision was fair regardless of whether she'd been specifically trained in the circumstances that led to her actions, the Fair Work Commission has found.
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.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
