Simply "going through the motions" after making a dismissal decision doesn't provide procedural fairness, the Fair Work Commission has reminded an employer, finding it unfairly sacked a manager who abused and intimidated others.
An employee who breached the confidentiality of his own show-cause process while he was "overcome with emotion" has lost his appeal against proposed disciplinary action.
An employee who argued he was trying to keep customers "happy" when he caused $150k damage to his employer's property has failed to convince the Fair Work Commission he was unfairly dismissed.
An employer had a valid reason to sack an employee who "blatantly defied" a lawful direction, however summarily dismissing him was harsh, the Fair Work Commission has found.
There's a "relatively high threshold" that employers need to meet when taking disciplinary action against an employee for out-of-hours misconduct, a workplace lawyer says.
A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.
An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.
Employers continue to face shifting boundaries regarding their ability to address misconduct that occurs outside the workplace or normal working hours. Watch this webcast for an update on recent case law and best practices.
The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.
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.
