Misconduct | Page 26 (788 items)

An employer has failed to prove it fairly sacked an employee for exposing a female colleague to explicit images, despite the Fair Work Commission accepting there was a "culture of inappropriate activity" among workers.

It was up to an employee, not his employer, to prove he acted in self-defence during a "violent" out-of-hours altercation, a Fair Work Commission full bench has ruled in overturning an unfair dismissal ruling.

An employee who misrepresented when she finished work on 17 occasions in a six-week period engaged in "time fraud" and was fairly sacked, the Fair Work Commission has ruled.

An employer mischaracterised an employee's "carelessness" as serious misconduct, which further "coloured its judgement" about his lack of remorse, the Fair Work Commission has ruled in unfair dismissal proceedings.

An employer criticised for failing to undertake "even the most basic level of investigative analysis" has been ordered to reinstate an employee it sacked for misconduct.

It was "incumbent" on an employer to investigate allegations an employee had been spreading rumours at work, but its process was "most inappropriate", and caused a psychological injury, a commission has ruled.

An employee who was not given a reasonable opportunity to defend himself against "very serious" misconduct allegations has won maximum compensation for unfair dismissal.

A commission has found an employee's attempt to "gee up" a subordinate was not trivial and couldn't go unpunished, even though he wasn't trying to be malicious or aggressive.

Even employees who understand why and when they should speak up about workplace issues won't do so if employers fail to eliminate some common barriers, a lawyer and HR specialist says.

An employer acted lawfully in refusing to offer further shifts to an employee, who was accused of at least 10 separate instances of poor performance or misconduct in the space of a month, the Federal Circuit Court has ruled.