The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.
The potential for an employee's behaviour in an airport lounge to cause "serious damage" to her work relationship meant she couldn't argue it was out-of-hours conduct unworthy of dismissal, the Fair Work Commission has ruled.
In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.
A former CEO deliberately misled a recruitment panel when he failed to disclose that in a prior role he was found to have "knowingly engaged" in unconscionable conduct, a tribunal has ruled.
Reinstating an employee accused of misconduct would "in no way" undermine an employer's capacity to comply with its safety obligations, a Fair Work Commission full bench has ruled in rejecting an unfair dismissal appeal.
An employer was entitled to transfer a "socially inept" employee to a different workplace 350km away after finding he bullied a female colleague, the Fair Work Commission has ruled.
An employee's failure to declare medication he was taking for mental health issues denied his employer the opportunity to assess whether it posed any workplace risks, the Fair Work Commission has found in upholding his dismissal.
An employer has failed to temporarily block the reinstatement of a sacked employee who it believed posed a "serious" health and safety risk to its workplace.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
