Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.
A physical altercation at a "kick on" after a Christmas party was work-related, even though the event was "not in any way organised authorised or proposed" by the employer, the Fair Work Commission has found.
Bringing a prohibited item to a workplace demonstrated an "astonishing" lack of judgement that went beyond "simply misguided", the Fair Work Commission has found, in upholding an employee's dismissal as fair.
It wasn't harsh or disproportionate to sack an employee who'd repeatedly been warned about starting work late and failing to show up for shifts, despite his claim that the final time was "a genuine mistake", the Fair Work Commission has found.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A discusses alternative options and how to determine which is best in various circumstances.
An employee who claimed her ADHD caused colleagues to misinterpret her actions or "scapegoat" her was not unfairly dismissed, according to the Fair Work Commission.
Despite an employee's previous warning and the seriousness of an incident that occurred under her watch, the Fair Work Commission has found her dismissal was unfair because her conduct wasn't negligent.
A managing director was "clearly involved" in the decision to sack an employee, with whom he was embroiled in a "bitter separation dispute", the Fair Work Commission has found in unfair dismissal proceedings.
An employer has successfully defended an unfair dismissal claim despite its "woeful" harassment investigation, with the Fair Work Commission finding its procedural flaws were outweighed by the gravity of the employee's conduct.
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.
