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.
Expressing unwillingness to work with a certain manager amounted to refusing a lawful direction, and was a valid reason to sack an employee, the Fair Work Commission has ruled.
Using AI to prepare workplace complaints and responses to allegations led to an employee's "demise", the Fair Work Commission has found, in upholding his dismissal for misconduct.
A safety-critical employee, who turned up to work in an impaired and unfit state to perform his role, has failed to convince the Fair Work Commission his misconduct wasn't "serious" and he shouldn't have been summarily sacked.
A sacked leader "was not without her failings", but her supervisor's "managerial cowardice", in failing to raise any performance concerns with her prior to termination, made her dismissal unfair.
HR's role in a performance review and management process was "worthy of scrutiny", the Fair Work Commission has noted, in ordering an employer to reinstate a senior employee.
After falsifying timesheets and providing a "wholly unconvincing" explanation for them, an employee was ill advised to persist with his unfair dismissal claim, the Fair Work Commission has noted.
An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.
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.