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.
An employer has failed to prove that it sacked an employee over "threatening" and "offensive" internal communications, with a court finding her complaints about executives "sealed [her] fate".
An employer has failed to prove it didn't intend to dismiss a worker after she publicly responded to a "hurtful" email about absenteeism, and has been ordered to pay her maximum compensation.
A Fair Work Commission full bench has rejected an employer's bid to overturn an unfair dismissal ruling, which ordered reinstatement against its strong objections.
A manager who responded to misconduct allegations with denials, counter-allegations, and 13 statements of support from colleagues has failed to convince the Fair Work Commission he was unfairly dismissed.
A manager's "playful gesture" to ease workplace tensions with a colleague was "entirely inappropriate", but it wasn't misconduct that warranted her demotion, a commission has ruled.
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.
