There's a difference between deliberate deceit and misleading statements, the Fair Work Commission has stressed, in finding that summary dismissal was a disproportionate response to an employee's misconduct.
An employer has successfully defended sacking an employee for breaching its code of conduct, after he was found guilty of a sexual offence outside working hours.
An employee's partner failed her "spectacularly" in his role as support person and caused her to be unfairly dismissed, the Fair Work Commission has found.
An employee's bullying behaviour towards a colleague wasn't just "robust banter" typical to the workplace culture, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
Four considerations must factor into employers' performance and disciplinary processes when mental health issues are potentially also at play, a workplace lawyer says.
An employer has been ordered to reinstate a worker it sacked for making racist remarks and calling a female colleague a "c-nt", after a commission found his long tenure and contrition mitigated his misconduct.
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.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
