Using a work email address to enquire about a job opportunity wasn't serious misconduct that warranted summary dismissal, the Fair Work Commission has ruled.
Despite "profoundly troubling" evidence about an employee's inappropriate workplace interactions, a Fair Work Commission full bench has declined to overturn a finding that his dismissal was unfair.
Despite suspecting an employee intended "two extremely inappropriate gestures" as jokes, the Fair Work Commission has ruled they justified his dismissal.
An imperfect disciplinary process and differential treatment of an employee didn't undermine an employer's valid reason to sack her for misconduct, but the Fair Work Commission has nonetheless ordered her reinstatement.
An order to reinstate an employee is set to be reconsidered, after his employer successfully argued that important evidence supporting its serious misconduct allegations wasn't just "hearsay".
Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.
The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
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.