Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.
An employer had solid reasons for finding a manager's behaviour posed psychosocial safety risks, and for expecting senior leaders to have greater awareness of their conduct obligations, a commission has found.
A people and culture leader didn't mischaracterise a manager's conduct as inappropriate based on the "angry black woman" trope, a commission has found.
An employer has been cleared to investigate an employee's out-of-hours conduct, after the Fair Work Commission accepted it held genuine concerns about suffering reputational harm.
It was "extraordinarily insensitive" to tell an employee to be "inclusive of all opinions", including racist ones, the Fair Work Commission has found in unfair dismissal proceedings.
The way a manager responded to misconduct allegations gave his employer "no reason to hope" he would comply with its code of conduct in future, a commission has found in rejecting his unfair dismissal claim.
A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.
In dismissing the appeal of an employee sacked for code of conduct and privacy breaches, a Fair Work Commission full bench has rejected that the absence of an independent investigation rendered an employer's termination process unfair.
It wasn't reasonable for an employer to rely on a manager's "eyewitness" account of a workplace assault, given he then "took absolutely no action, and continued on with the working day", a commissioner has ruled.
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.
