Misconduct | Page 20 (844 items)

It was wrong of an employee not to correct her employer's false assumption about her qualifications, the Fair Work Commission has found in upholding her dismissal.

It was unfair to summarily dismiss an employee who had a "genuine misunderstanding" of what his employer required, regardless of his serious misconduct, according to the Fair Work Commission.

An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.

A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.

Dismissing an employee for her "deliberate defiance" of an acknowledged direction was unreasonable, the Fair Work Commission has ruled, because she wasn't specifically warned her job was at risk if the behaviour continued.

An employer was entitled to summarily dismiss a worker for "blatantly disregarding" its mobile phone ban, the Fair Work Commission has found.

Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.

Watch this HR Daily Premium webcast to understand key lessons from the past year's unfair dismissal claims and what to expect in 2025.

The Fair Work Commission is treating allegations of s-xual harassment as a "very serious matter", but employers still need strong evidence and thorough processes to defend summary dismissals, a workplace lawyer says.

An overworked HR leader has won her unfair dismissal claim, with the Fair Work Commission finding summary dismissal was a disproportionate response to her allegedly unreasonable workplace behaviour.