An employee's dishonesty during an investigation into his out-of-hours misconduct made his dismissal fair, while a colleague sacked over the same incident won reinstatement. Also in this article: a roundup of recent dismissal rulings.
An employee's opportunity to respond before he was sacked for serious misconduct was too "narrow in scope", an FWC full bench has ruled, while nonetheless upholding the dismissal as fair.
An employer has defended sacking a chief operating officer who misled its board in a "serious and material way", with the Federal Circuit Court rejecting his adverse action claim.
An employee sacked for deliberately misusing his company credit card has been awarded compensation for unfair dismissal after the Fair Work Commission found his employer's response was "severely flawed", and amounted to an ambush.
The Fair Work Commission has rejected a major employer's claim that an employee's out-of-hours fight with a colleague was a valid reason for dismissal.
Bystanders are the "critical piece of the puzzle" in addressing and preventing workplace harassment, but employers must take a nuanced approach to this area , an employment lawyer warns.
An employer has defended sacking an employee who altered personnel files to help his family members obtain jobs they would not otherwise have been considered for.
Remote work has added some complexity to managing employees' misconduct, but recent cases show this will not provide any excuse for employers' procedural fairness failings.
An employee was unfairly dismissed despite threatening to kill his manager, the Fair Work Commission has ruled, in a case it says demonstrates the "danger" of not seeking an employee's version of events.
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.
