An employer held an "unshakable" belief that an employee had engaged in misconduct, but it wasn't supported by evidence, the Fair Work Commission has found in unfair dismissal proceedings.
It was "nonsensical" for an employee to argue that he was abusive and threatening towards a member of the public because he was concerned about workplace safety, the Fair Work Commission has ruled.
After wrongly equating all bullying with serious misconduct, a Fair Work Commissioner has, on redetermination, ruled that an employee's behaviour met the definition, and warranted his employer's chosen disciplinary action.
Secretly working in a second job and being dishonest after it was discovered constituted serious misconduct, the Fair Work Commission has found in upholding an employee's summary dismissal.
It was "difficult to understand" how an employee's private sexual conversations with someone outside of work became a work-related matter, a commission has commented in upholding his appeal.
The Fair Work Commission has considered in detail what constitutes sexual harassment, and what doesn't, in upholding the dismissal of an employee who denied his messages about "love" and requests for a date had any sexual element.
The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.
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.
