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".
Sacking an employee for failing to disclose a "very serious injury" did not cause his "downhill spiral" into dr-g use, a tribunal has ruled in a workers' compensation dispute.
The stress that an employee suffered after being accused of inappropriate workplace behaviour constituted a disability for the purpose of his adverse action claim, the Federal Circuit Court has ruled.
The informal approach an employer took to addressing an employee's "myriad" behavioural issues ultimately made his summary dismissal harsh, but the Fair Work Commission has nonetheless denied him any compensation.
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.