When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".
A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.
An employer was entitled to sack an employee for his "repeated poor performance, bad punctuality and unexplained absenteeism", but its procedural failings made the dismissal unfair, the Fair Work Commission has found.
An employer viewed a leader's actions in a "sinister" light when they were "readily capable" of having an innocent explanation, the Federal Court has ruled in awarding him $130k for unlawful adverse action.
An employee's "self-serving act" in forwarding work emails to her personal account after being informed of a restructure was serious misconduct and warranted her dismissal, the Fair Work Commission has ruled.
A long-serving employee who was accused of threatening a colleague with violence has won reinstatement, after the Fair Work Commission found he was sacked based on "circumstantial evidence".
An employer failed its workforce by putting its "head in the sand" rather than addressing misconduct complaints, but it has nonetheless defended a worker's forced resignation claim.
An employer was entitled to summarily dismiss an employee who "openly defied" its reasonable directions and refused to participate in a performance plan, the Fair Work Commission has found.
Employers can bolster their prevention and response strategies for workplace sexual harassment by drawing on the expertise of those who have experienced it, according to an authority in the field.
An employer was entitled to conclude an employee was under the influence of dr-gs when he was involved in a safety incident, despite failing to test him as required by its own D&A policy, the Fair Work Commission has ruled.
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.
