An employee's "appalling mistreatment" of a manager couldn't be "waived away" by his alleged mental health issues, the Fair Work Commission has found in unfair dismissal proceedings.
An employee held "premature" concerns that he would be dismissed if a misconduct investigation against him continued, the Federal Court has ruled in refusing to grant his request to pause it.
A worker accused of failing to read "social-emotional cues" did not harass a colleague when repeatedly trying to apologise for hitting her in the head, a commission has found.
A director who could at times be "uncompromising, argumentative or abrasive" has won reinstatement, continuity of service, and $87k in backpay and compensation, after the Fair Work Commission found his dismissal for serious misconduct was unfair.
An employee has won the right to appeal the rejection of his unfair dismissal claim, after an informal discussion escalated into a termination meeting.
An employee's out-of-hours misconduct wasn't a "trivial instance of drunken frivolity", but rather a serious event that could have damaged an employer's reputation, the Fair Work Commission has ruled in upholding his dismissal.
An employee who had "managed to cope" for years following a stressful work event has lost his workers' compensation claim, after a tribunal found the "tipping point" for his psychological injury was a reasonable disciplinary process.
The timing of a worker's casual conversion request and an audit into his conduct, which led to his dismissal, was "too coincidental" not to be linked, the Fair Work Commission has ruled in awarding him three months' compensation.
An employee who admitted being late to work every day for four years has failed to prove she was dismissed because she had threatened to bring "the largest s-xual harassment case in Australian history".
An employer should have considered performance management or a "significantly clear warning" after an experienced employee breached its policies, instead of moving straight to termination, the Fair Work Commission has ruled in ordering her reinstatement.
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.
