An employee who won reinstatement six years ago after being sacked for misconduct has again been given his job back, with a commission finding his most recent dismissal was a disproportionate response to his "stupid" out-of-hours behaviour.
An employee has failed to argue a different standard of conduct applied during a consultative meeting, in appealing against the severity of disciplinary action imposed on him for poor behaviour.
An employee's "vile and racist" social media posts were anonymous enough not to be a sackable offence, but his "violent takedown" of another person warranted his dismissal, the Fair Work Commission has found.
An employee's comments to a colleague "under the guise of humour" went "far beyond simply swearing" and amounted to s-xual harassment, the Fair Work Commission has ruled.
A director who became "erratic and abusive" after a workplace relationship broke down has lost his unfair dismissal claim, with the Fair Work Commission finding the employer exhausted all other avenues before making its decision.
An employer's failure to investigate alleged misconduct at a client site "heavily contributed" to an employee's unfair dismissal, the Fair Work Commission has found.
Even though a team leader's second job wasn't with a competitor, as her first employer claimed, it was nonetheless "detrimental" to her duties and justified her dismissal, the Fair Work Commission has found.
An employee did "exactly what he should have done" when a colleague threatened to fight him several times, the Fair Work Commission has found in awarding him compensation for unfair dismissal.
A long-serving employee who was legally advised to "hold off" on reporting criminal charges to his employer has lost his unfair dismissal claim, with the Fair Work Commission finding his code of conduct obligations were "unambiguously" clear.
An employer has failed to defend sacking a worker who made "s-xist, misogynist and racist" posts in a private Facebook group, after the Fair Work Commission found it treated him "substantially differently" to a colleague.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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