Misconduct | Page 38 (766 items)

A Fair Work Commission full bench has affirmed the principles of what constitutes work-related conduct out-of-hours, in upholding an employer's appeal against a reinstatement order.

It was unfair to dismiss an employee for engaging in a consensual "interaction" on a work retreat, the Fair Work Commission has found in ordering his reinstatement and six months' backpay.

Spreading "fear mongering rubbish" on social media and attending a large protest during COVID lockdowns last year made an employee's dismissal valid, but her "dire" financial circumstances at the time rendered it harsh.

An employee whose attitude "spiralled downwards" after she became concerned about a co-worker's criminal history has failed to prove she was unfairly sacked for misconduct.

It was not just "clumsy or unprofessional" but also unreasonable to suspend an employee "out of the blue", a tribunal has found in awarding compensation for a psychological injury.

An employee who set out to cause marital problems for his manager deserved to be sacked, but he was denied procedural fairness, the Fair Work Commission has ruled.

An employee has failed to prove that repeatedly asking a colleague out for coffee wasn't s-xual harassment, with a commission finding his employer was entitled to remove him from his role.

An organisation accused of harming an employee's mental health has been cleared of bullying allegations, with the Fair Work Commission accepting it "turned itself inside out" to accommodate him.

An employee who struggled when criticised and resigned when summoned to a misconduct meeting was not constructively dismissed, the Fair Work Commission has found.

A procedurally unfair dismissal process didn't negate an employer's right to sack a worker over social media posts that mocked domestic violence, expressed racist sentiments, and vilified minority groups, the Fair Work Commission has ruled.