An employer couldn't have reasonably foreseen an employee's "extraordinary" psychiatric response to his wrongful dismissal, a court has ruled in overturning his $1.44m damages award.
Sharing offensive material with colleagues on social media was "abject stupidity", a Fair Work Commission full bench has found, but the conduct wasn't sufficiently connected to work to justify dismissal.
An employee was inappropriately accused of "criminal" conduct then subjected to a procedurally deficient investigation, the Fair Work Commission has found in upholding her unfair dismissal claim.
A commission has criticised an employee's complaint about a "racist and s-xually inappropriate" Microsoft Teams message, finding it unnecessarily consumed "countless" work hours and thousands of dollars in lost productivity.
An employer's failure to suspend a manager "at any time" during a 10-month investigation into aggressive conduct allegations has undermined its decision to dismiss him.
The former CEO of Harrier Group was summarily dismissed for deliberately misusing her work credit card while the company was struggling financially, not because she raised bullying and pay issues, the Federal Circuit Court has ruled.
An employee's "severe error in judgement" in attending work while intoxicated outweighed his employer's "meaningful failure" to check on his welfare after sending him home, the Fair Work Commission has found.
A team leader who choked a colleague and threatened to kill another after they "provoked" him was fairly dismissed, the Fair Work Commission has ruled, rejecting that his actions were a "fight or flight" response and therefore justified.
An employer was entitled to dismiss an employee who committed safety breaches to provoke a reaction from colleagues and then threw an "adult tantrum" when they called him out on it, the Fair Work Commission has found.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
