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.
Failing to update workplace policies was a "significant dereliction" of a manager's duty, but his employer's investigation flaws made his dismissal harsh, the Fair Work Commission has ruled.
An employee who "relentlessly pursued" a subordinate despite her repeated rejections has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour amounted to serious misconduct.
An employee sacked for making a highly offensive comment about a coworker has lost her unfair dismissal claim, despite arguing she was "simply discussing work colleagues in the company of friends".
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
