Misconduct | Page 26 (844 items)

"Brilliant" employees who behave like jerks can no longer be a "protected species"; it's time to stop promoting them and start exiting them, a workplace lawyer says.

An HR consultant's communication about a manager's potential redundancy or summary dismissal was "bizarre", the Fair Work Commission has found, in criticising his "astonishingly poor advice" to an employer.

An employer wasn't trying to avoid making an employee redundant when it dismissed him for calling his manager a "pr-ck" and accusing him of "lying in front of God", the Fair Work Commission has found.

An employee who tried to defend an "offensive" social media post as "intellectual freedom" has failed to prove he exercised his right in accordance with the "highest ethical, professional and legal standards".

An employee who called his colleague a "fat exploiter of foreigners" was fairly dismissed despite a "clearly deficient" termination process, the Fair Work Commission has ruled.

A team leader who falsified records "must have known" he was doing the wrong thing, given his position and experience, a commission has found.

An employee who consumed up to 15 drinks the night before turning up late to work was unfairly dismissed, because his employer did not submit evidence proving he was still intoxicated.

An employer didn't constructively dismiss an employee when it offered her the choice of resigning, or returning to a workplace alongside her alleged bullies, the Fair Work Commission has found.

In a case that provides an important "lesson" for dealing with workplace complaints, an employer has been criticised for failing to deal with allegations in a "timely and transparent manner".

The timing of a "flurry" of warning letters was proof that an employer had no real intention of allowing an employee to address his alleged shortcomings, the Fair Work Commission has found.