Failing to show clear and objective evidence of the connection between employees' out-of-hours misconduct and the workplace is often where employers fall down when trying to defend claims, according to a lawyer.
The Fair Work Commission has ordered an employee's reinstatement after finding "one isolated incident" at work, which resulted in criminal charges, didn't warrant dismissal "without some kind of warning first".
The boundaries of what activity an employer can regulate outside the workplace or normal hours have always been blurry, a situation now exacerbated by hybrid and remote working. Watch this HR Daily Premium webcast to get a clearer picture of what your organisation is responsible for, and how behaviour can be managed.
The Fair Work Commission has halted an employee's reinstatement order, while the employer appeals against a ruling that its "drawn out" disciplinary process made her sacking unfair.
The Fair Work Commission has expressed disbelief after an employee was sacked for pretending to knee a colleague in the groin, and ordered his reinstatement with continuity of service and backpay.
A "deficit in clear communication" about remote-work expectations and protocols understandably frustrated an employee, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
An employer gave no explanation for the "inordinately long time" it took to investigate and discipline an employee for misconduct, rendering her valid dismissal harsh.
It would be "unconscionable" to allow an employer to dismiss a group of employees for misconduct after an "arbitrary and unfair" investigation, a Fair Work Commission full bench has ruled.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
