Misconduct | Page 40 (788 items)

The Fair Work Commission has ordered reinstatement after finding an employer's tendency to "inflate the gravity and seriousness" of a worker's misconduct led to a harsh dismissal.

An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.

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.