The Fair Work Commission has rejected an employer's claim that a casual worker, found to have an expectation of ongoing employment, only deserved to be compensated for one shift after being sacked for misconduct.
An employer had valid reason to sack a worker who tried to delete its Facebook page and behaved aggressively towards colleagues, but its process was so deficient it couldn't be called "fair", the FWC has found.
In condoning misconduct worthy of summary dismissal by not acting on it at the time, an employer "deliberately abandoned" its right to use the behaviour to justify termination, the Fair Work Commission has ruled.
It was "ludicrous" for an employee to argue a joke towards a colleague wasn't racist and didn't warrant dismissal, the Fair Work Commission has ruled in upholding his dismissal. Also in this article: new misconduct rulings, and more.
The accusations against IR Minister Christian Porter highlight a raft of complex considerations for employers around handling s-xual assault allegations, along with the need for urgent action on last year's harassment recommendations.
An employee who says he joked about making a fraudulent compensation claim but had no intention of following through was unfairly dismissed, the Fair Work Commission has found, rebuking his employer for using a hasty investigation and flimsy evidence to bolster a "highly speculative" allegation.
A long-serving employee's dismissal for one instance of misconduct should reinforce to workers that complying with policies "is not optional" and ignoring them can have serious consequences.
An employee who searched ANZ Bank's database for family members, former and current employees, and a local celebrity has failed to convince the FWC her sacking was unfair. Also in this article, new rulings involving bullying, psych claims, performance and more.
An employee who was sacked for fraternisation has failed to convince the Fair Work Commission that his unblemished 17-year tenure mitigated the seriousness of his misconduct.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
