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".
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".
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.