It was fair to sack a worker who created a psychosocial safety risk by sending threatening and belittling texts after hours to his manager, the Fair Work Commission has ruled.
The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.
For too long, leaders have treated misbehaviour and misconduct as separate to performance issues at work, but "the world is waking up", a communication specialist says.
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.
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 will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
