In a significant decision, an employee has failed to convince the High Court that his employer breached its enterprise agreement when disciplining and then dismissing him for exercising his intellectual freedom.
It should have been obvious to an employer that an employee's swearing outburst was due to his poor wellbeing, caused by mishandled workplace complaints, the Fair Work Commission has ruled in overturning his dismissal.
A chief people officer's decision to sack an employee for assisting police in a murder investigation was "irrational, if not bizarre", a court has found.
An employer is entitled to put a stop to bad workplace behaviour via dismissal in circumstances where a lack of remorse suggests such conduct could occur again, the Fair Work Commission has stressed.
A senior employee's "interpersonal shortcomings" had the potential to damage his employer's reputation and provided a proper basis to consider dismissal, a commission has ruled.
An employer "curiously" abandoned 16 misconduct allegations against an employee, only to "blindly" and unfairly sack her on medical grounds two months later.
An employer was entitled to discipline a manager for "highly offensive" and inappropriate activity on LinkedIn, but it failed to properly consider how health issues contributed to his "poor judgment", a commission has ruled.
An "adrenaline-charged and stressful situation" didn't excuse an employee who swore, shouted and intimidated a colleague who called him out on a procedural breach, a commission has ruled.
An employee has failed to convince a commission that "significant" workplace stress excused his disrespectful behaviour. Also in this article, new rulings on misconduct, procedural fairness, redundancy...
The Fair Work Commission has criticised an HR director's entirely email-based disciplinary process, in finding an employee was unfairly dismissed for his disrespectful "tone".
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.