An employer was understandably alarmed at discovering an employee conducting a self-described "side hustle", but it acted "too hastily" in dismissing him, the Fair Work Commission has ruled.
An employer failed to conduct an open and transparent investigation into an employee's alleged misconduct, but this didn't warrant upholding her dismissal claim, the Fair Work Commission has ruled.
An employer acted with "undue haste" in fast tracking two warnings about a manager's misconduct, when it would have been "relatively easy" to obtain her response to its allegations before sacking her.
An "argumentative and difficult" employee with a history of misconduct was unfairly sacked partly because his employer advised him of its decision via email, the Fair Work Commission has ruled.
Honesty and cooperation following workplace misconduct isn't "noteworthy" behaviour that mitigates its seriousness, the Fair Work Commission has ruled in rejecting an unfair dismissal claim.
More organisations are recognising how a 'speak-up culture' can help mitigate bullying, harassment and other workplace misconduct, but efforts to build them tend to fall down at a crucial point.
An employee has been awarded $45k in damages after her informal complaint about sexual harassment was escalated without her knowledge, triggering a sequence of events that included defamation and victimisation claims.
Employers don't have to warn employees not to act dishonestly, nor provide them with detailed allegations prior to a disciplinary meeting, the Fair Work Commission has reconfirmed in rejecting a worker's unfair dismissal claim.
An employee sacked for misconduct has won an appeal against his dismissal due to flaws in the investigation, which included "inexplicable and unconscionable delay".
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
