An employee who was involved in multiple incidents, included two vehicle crashes and a D&A policy breach, was fairly dismissed despite his employer's lack of adherence to its own policy, the Fair Work Commission has ruled.
It was unfair to say an employee "should have known" that his performance was unsatisfactory, when the employer gave him no warnings and failed to follow its own policy before summarily dismissing him, according to the Fair Work Commission.
Despite maintaining that lying would be an "affront to his faith", an employee has failed to convince the Fair Work Commission he was falsely accused of misconduct.
An employee who won $20k for unfair dismissal has tried to argue his compensation should have been higher, and that his employer should have been penalised for "lying and exaggerating" in its evidence.
It was fair to dismiss a manager who made disrespectful comments to and about her colleagues, using terms that included "bitch", "lazy" and "pit bull", the Fair Work Commission has found.
Errors made by a professional were not reasonable conduct, but fell short of "data manipulation" and didn't warrant summary dismissal, according to the Fair Work Commission.
It was wrong of an employee not to correct her employer's false assumption about her qualifications, the Fair Work Commission has found in upholding her dismissal.
It was unfair to summarily dismiss an employee who had a "genuine misunderstanding" of what his employer required, regardless of his serious misconduct, according to the Fair Work Commission.
An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.
A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
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.
