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.
An employee breached her duty of fidelity to her employer by running a business that directly competed with it, the Fair Work Commission has ruled in finding her misconduct termination fair. Meanwhile, two other employees have lost similar unfair dismissal claims.
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.
