The safety risks posed by an employee who was acting "aggressively and erratically" due to a serious mental illness outweighed the procedural flaws in his employer's dismissal process, the Fair Work Commission has found.
An employer did not act in an "unconscionable" or intimidatory manner when accusing an employee of criminal conduct, however it has failed to prove on appeal that its allegations provided a valid reason to sack her.
"Brilliant" employees who behave like jerks can no longer be a "protected species"; it's time to stop promoting them and start exiting them, a workplace lawyer says.
An HR consultant's communication about a manager's potential redundancy or summary dismissal was "bizarre", the Fair Work Commission has found, in criticising his "astonishingly poor advice" to an employer.
An employer wasn't trying to avoid making an employee redundant when it dismissed him for calling his manager a "pr-ck" and accusing him of "lying in front of God", the Fair Work Commission has found.
An employee who tried to defend an "offensive" social media post as "intellectual freedom" has failed to prove he exercised his right in accordance with the "highest ethical, professional and legal standards".
An employee who called his colleague a "fat exploiter of foreigners" was fairly dismissed despite a "clearly deficient" termination process, the Fair Work Commission has ruled.
An employee who consumed up to 15 drinks the night before turning up late to work was unfairly dismissed, because his employer did not submit evidence proving he was still intoxicated.
An employer didn't constructively dismiss an employee when it offered her the choice of resigning, or returning to a workplace alongside her alleged bullies, the Fair Work Commission has found.
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.
