A supervisor was unfairly sacked for bullying and timekeeping fraud, the Fair Work Commission has ruled, finding his employer denied him an opportunity to defend himself.
Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.
An employer had a valid reason to dismiss an employee who breached its code of conduct, and its decision was fair regardless of whether she'd been specifically trained in the circumstances that led to her actions, the Fair Work Commission has found.
A manager's "dramatic" shift from supporting an employee to sacking her for serious misconduct was driven by "vindictive personal reasons", the Fair Work Commission has found, in awarding her $56k in compensation.
The fact that an employee's false bullying allegations against a colleague were just "bluff and bluster" made in the "heat of battle" didn't excuse his conduct, the Fair Work Commission has found in upholding his dismissal.
After shoving a woman out of a lift on his way to work because he thought she was "rude", an employee has failed to convince the Fair Work Commission he was unfairly sacked.
"Anomalies" in an employer's management of performance and conduct issues meant the process lacked clarity and resulted in a dismissal that was valid, but harsh, the Fair Work Commission has found.
Requesting medical information about an absent employee was lawful and reasonable under his contract, and his refusal to grant access warranted summary dismissal, the Fair Work Commission has ruled.
It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.
In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.
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