A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
It was retaliatory and "cold-hearted" of an HR manager to ask an absent employee to attend meetings, and to repeatedly deny his requests for annual leave after his sick leave ran out, the Federal Circuit Court has found in upholding his adverse action claim.
Sacking an employee seven years after he sent "intimate" messages to a subordinate was warranted, but his otherwise unblemished record made the dismissal harsh, the Fair Work Commission has found in ordering his reinstatement.
In granting a stay of a reinstatement order, the Fair Work Commission has ruled that an employee should receive what he would have earned if he returned to work, without any requirement to repay the money if his employer's appeal succeeds.
An employee who "hijacked" a meeting and then resigned in the heat of the moment has lost his unfair dismissal claim, after the Fair Work Commission accepted he engaged in serious misconduct that warranted termination.
It was fair to summarily dismiss a worker who refused to change behaviour that reflected badly on his employer, even though the termination process was flawed, the Fair Work Commission has accepted.
"Numerous and significant" mitigating factors meant that despite her "brutal public humiliation" of another worker, a long-serving employee has successfully appealed against her proposed dismissal.
Questioning the need for an Acknowledgement of Country at the beginning of a weekly meeting was not misconduct that warranted dismissal, the Fair Work Commission has ruled.
"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.
An employee who breached an AVO by approaching his former partner at work has failed to convince the Fair Work Commission it was a "family matter" and that his dismissal was unfair.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
