The way a manager responded to misconduct allegations gave his employer "no reason to hope" he would comply with its code of conduct in future, a commission has found in rejecting his unfair dismissal claim.
A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.
In dismissing the appeal of an employee sacked for code of conduct and privacy breaches, a Fair Work Commission full bench has rejected that the absence of an independent investigation rendered an employer's termination process unfair.
It wasn't reasonable for an employer to rely on a manager's "eyewitness" account of a workplace assault, given he then "took absolutely no action, and continued on with the working day", a commissioner has ruled.
It was unreasonable to summarily dismiss an employee for stealing food from her workplace, without unequivocal evidence that she didn't intend to pay for the items she ate, the Fair Work Commission has ruled.
A sacked employee has won reinstatement despite his employer's objections, with the Fair Work Commission accepting he could continue advocating for his jailed partner without adversely affecting its reputation.
Despite an employee's efforts to cast an email he sent in a different light, a commission has found it wasn't about "wishing everyone a happy new year" but rather was "extremely inappropriate" and warranted his dismissal.
An employee who responded "what are you gonna do sack me", after being told not to text and drive, has won compensation for unfair dismissal in the Fair Work Commission.
It was fair to sack an employee who showed up to work at the wrong time, the Fair Work Commission has found, even though the employer should have discussed its change to his regular shift.
Failing to disclose criminal charges for out-of-hours conduct in a "timely manner" wasn't a valid reason to dismiss an employee, the Fair Work Commission has found, even though his dishonesty undermined the employer's trust and confidence.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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