An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.
It was "highly inappropriate" for an employee to secretly record a meeting about remarks he had made threatening his employer's reputation, the Fair Work Commission has found.
An employee has failed to prove a colleague concocted a "malicious lie" about a single workplace incident so she could have his job, with the Fair Work Commission finding his serious misconduct dismissal was fair.
An employee's criticisms of her dismissal process did not outweigh the fact she engaged in serious misconduct by knowingly altering crucial information on forms submitted for Government funding, the Fair Work Commission has ruled.
In a case that highlights the risk of having "complex" workplace policies, the Fair Work Commission has found an employee's valid dismissal for deleting data off her work phone was harsh.
Despite having conducted a 19-month investigation, an employer needed "more robust" evidence to prove an employee deliberately tried to provoke workplace conflict, a commission has ruled.
A supervisor who referred to workers as "dumb c-nts" and failed to report a subordinate's harassment and excessive "farting" in the office has failed to prove his dismissal was unfair.
The Fair Work Commission has ordered the reinstatement of an employee who was sacked while facing criminal charges, finding his employer "confected" allegations while he was absent.
It was fair to sack an employee who regarded a code of conduct as simply a "moralistic document" rather than a "directive of expected behaviour", the Fair Work Commission has ruled.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.