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.
An employee who created a private Facebook group where colleagues would "take the p-ss" out of each other and share inappropriate content has failed to prove his dismissal for posting p-rnographic videos was unfair.
An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.
An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
