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.
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.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
