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.
An employer was entitled to summarily dismiss an employee who "openly defied" its reasonable directions and refused to participate in a performance plan, the Fair Work Commission has found.
Employers can bolster their prevention and response strategies for workplace sexual harassment by drawing on the expertise of those who have experienced it, according to an authority in the field.
An employer was entitled to conclude an employee was under the influence of dr-gs when he was involved in a safety incident, despite failing to test him as required by its own D&A policy, the Fair Work Commission has ruled.
An employer made "very little attempt" to substantiate serious allegations against an employee, who had "perfectly plausible" reasons for her conduct, the Fair Work Commission has ruled.
A colleague's resignation threat was the "main driver" of an employee's dismissal, the Fair Work Commission has found in awarding him maximum compensation.
An employee would have been better off admitting to workplace misconduct as a "brain fart" instead of denying he ever engaged in it, the Fair Work Commission has ruled, finding he was fairly sacked for vandalising client property.
The safety risks posed by an employee who was acting "aggressively and erratically" due to a serious mental illness outweighed the procedural flaws in his employer's dismissal process, 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.
