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.
An employee has failed to prove he was unfairly sacked for his out-of-hours assault of a subordinate, with whom he was having an affair, after arguing it didn't impact his work performance.
A manager has failed to prove that numerous instances of physical contact with his subordinate occurred in the context of a "supportive and caring" employment relationship.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
