A misconduct investigation that generated 12 allegations against an employee but substantiated just six used a "kitchen sink" approach, the Fair Work Commission has found, deeming the termination harsh despite the employer's valid reason.
An employee who "unfairly characterised" nearly every interaction with superiors as bullying has lost his unfair dismissal claim, with the Fair Work Commission finding he was a "peddler of false allegations".
An employee who was "at best" difficult and argumentative has won compensation for unfair dismissal, after the Fair Work Commission found numerous verbal warnings didn't give him sufficient notice that termination was on the cards.
The Fair Work Commission has ordered an employer to reinstate an employee it reported to the police and then sacked, finding it acted prematurely and relied on retributive complaints made by her subordinates.
Which of 2020's unfair dismissal cases will have lasting ramifications? This webcast provides a roundup of the year's most important rulings to put your organisation on the right footing in 2021.
A dismissal meeting that "blindsided" an employee accused of misconduct while on annual leave "should never have occurred in the way it did", the Fair Work Commission has chided.
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.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.