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.
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.
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.
