An employee has failed to prove her dismissal for "very serious" misconduct was harsh because she'd already been subjected to a prolonged investigation and "significant" penalty regarding earlier allegations.
A previously lenient response to incorrect mask-wearing didn't prevent an employer from later taking "firm and fair disciplinary action" against an employee, but her summary dismissal was nonetheless harsh, the Fair Work Commission has ruled.
An employee who reacted strongly to complaints about his workplace behaviour was unfairly sacked when a warning would have sufficed, the Fair Work Commission has ruled.
A "hostile and combative" employee who described her refusal to comply with instructions as "a mere expression of opinion" was fairly dismissed, the Fair Work Commission has found.
A "fundamentally unreasonable" misconduct investigation has revealed an employer's culture as "one where management protects itself by finding scapegoats to appease complaint or criticism", according to the Fair Work Commission.
It was fair to dismiss an employee whose relationship with a new HR manager "deteriorated" to the extent that he failed to follow her lawful and reasonable instructions, the Fair Work Commission has found.
A BHP employee has failed to convince the Fair Work Commission that a contract worker, upon hearing about a colleague's s-xual harassment claim, immediately fabricated another against him.
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.
