An employer's generalised allegations about an employee's "inflammatory and abusive" workplace behaviour were not enough to support its decision to dismiss him, the Fair Work Commission has ruled.
An employee who engaged in a loud and public argument while wearing her work uniform may have caused her employer "some reputational harm", but not enough to warrant her immediate dismissal, the Fair Work Commission has ruled.
Being under pressure and under-resourced did not "even remotely excuse" an employee's wilful and deliberate misconduct, the Fair Work Commission has found in rejecting his unfair dismissal application.
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.
An employee who was threatened and assaulted by another worker has been awarded compensation for a psychological injury, after a commission found the employer's investigation into the incident was unreasonable.
An employer's "blanket rule" not to tolerate violence in any circumstances was not "valid, fair, or practicable", the Fair Work Commission has ruled, in finding an employee was unfairly sacked after a physical altercation.
A remote worker has failed to prove her dismissal for having "low keystroke activity" over a three-month period was unfair, with the Fair Work Commission finding her failure to perform duties was not "minor" or "incidental".
An employee who relied on legal advice and delayed informing his workplace of pending criminal charges has been denied permission to appeal his failed unfair dismissal claim, with a full bench affirming his workplace reporting obligations outweighed his lawyer's advice.
A manager who was accused of domestic violence towards a work colleague has failed to prove his "very ugly" out-of-hours texts to her didn't warrant his dismissal, despite the Fair Work Commission finding his employer's process was "defective".
The Fair Work Commission has expressed "genuine concern" that an employee would continue to be bullied if it didn't make interim orders halting a disciplinary process.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
