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.
An employer was right to investigate bullying complaints against an employee, but it has failed to prove that it was reasonable to later add numerous other allegations for consideration, a commission has ruled in psychological injury proceedings.
A ruling that an employer prejudged an employee's misconduct should send a "salutary message" to all others about the need to provide genuine opportunities to respond, the Fair Work Commission says.
An employee has failed to convince the Fair Work Commission that he should have received a warning after taking excessive breaks and swearing during a meeting, and not summarily dismissed for serious misconduct.
An employee with an "apparent fixation" on the changing gender balance of his workplace has failed to block disciplinary action after colleagues complained about his behaviour.
It was "capricious and spiteful" to dismiss an employee who showed "unsophisticated" geographical and emotional intelligence when commenting on a colleague's race, the Fair Work Commission has ruled in awarding her maximum compensation.
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.
