When an employer argues against reinstating a worker whose dismissal has been ruled unfair, it must go beyond setting out some grounds for lost trust and confidence and asking the Fair Work Commission to "assume" such a loss has occurred, a new decision shows.
After its workplace training was described as a "tick and flick" exercise, an employer has been ordered to compensate a worker who engaged in "totally unacceptable" behaviour.
Simply "going through the motions" after making a dismissal decision doesn't provide procedural fairness, the Fair Work Commission has reminded an employer, finding it unfairly sacked a manager who abused and intimidated others.
An employee who breached the confidentiality of his own show-cause process while he was "overcome with emotion" has lost his appeal against proposed disciplinary action.
An employee who argued he was trying to keep customers "happy" when he caused $150k damage to his employer's property has failed to convince the Fair Work Commission he was unfairly dismissed.
An employer had a valid reason to sack an employee who "blatantly defied" a lawful direction, however summarily dismissing him was harsh, the Fair Work Commission has found.
There's a "relatively high threshold" that employers need to meet when taking disciplinary action against an employee for out-of-hours misconduct, a workplace lawyer says.
A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.
An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.
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