A commission has rejected an unfair dismissal claim brought by an employee who was openly hostile towards his employer and bullied his superiors, declaring he was "the architect of his own demise".
The Fair Work Commission has upheld an employee's dismissal for misconduct that included making a racist remark to a colleague, rejecting arguments that the pair's relationship made it appropriate.
An employee has successfully appealed a ruling that he was fairly dismissed for breaching his employer's harassment policy, arguing "significant tension" in the workplace mitigated the seriousness of his misconduct.
An employer will have to produce its workplace investigation report in defending a stop-bullying claim, with the FWC rejecting it was subject to legal professional privilege. Also in this article, an interim report on banking and finance misconduct places the blame squarely on incentives; research shows working fathers don't get enough support from employers; and more.
An employer had little choice but to sack a worker after giving him seven written warnings for insubordination and aggressive behaviour, the Fair Work Commission has ruled.
Host employers that set rosters far in advance could be breaching the Fair Work Act if they allow "permanent casual" labour hire workers to fill their shifts, a union claims. Meanwhile, the Fair Work Commission rejected an employer's argument that it wasn't covered by stop-bullying laws; we recap recent rulings on performance management, unfair dismissal, adverse action and redundancy; research shows recruiting top talent is becoming more difficult; and more.
The HR challenges in managing social media misconduct remain many and varied, especially given the inconsistency of tribunal rulings in this space. Watch this webcast to understand appropriate disciplinary responses to online misconduct, practical steps to minimise risks, and more.
The seriousness of an employee's misconduct outweighed his employer's numerous disciplinary failings, the Fair Work Commission has found in rejecting his unfair dismissal claim.
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.