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.
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.
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.
