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".
The CEO of an HR services provider who was sacked for serious misconduct is claiming her dismissal was unlawful adverse action. And IBM is backpaying its employees more than $12m after failing to ensure its annualised salary arrangements complied with all relevant modern awards.
An employee's bid for interim orders restraining her employer from disciplining or dismissing her until her stop-bullying application is finalised has been rejected on appeal.
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.
