In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area.
A host employer had every right to request a labour hire company remove a worker from its site, but the labour supplier was also right to push back against the decision, the Fair Work Commission has found.
An employee who "voluntarily" made herself unfit for work by consuming alcohol engaged in misconduct, but not to an extent that warranted her dismissal, the Fair Work Commission has found.
Poor behaviour at work that falls short of misconduct can be the most difficult to manage, but too often employers turn a blind eye, a workplace lawyer warns.
An employer's procedural errors weren't so great as to make a manager's dismissal for drinking while at work unfair, the Fair Work Commission has ruled. Meanwhile, an employee's mass email speculating about job cuts justified his sacking, while another's abusive response to an "overly keen" supervisor also warranted termination.
An employer was wrong to sack a manager without warning after his team delivered a JK Rowling book a day early, the Fair Work Commission has found, awarding him $50k in compensation.
An employer that made generalised accusations against an employee, despite having video footage of her alleged misconduct, practised a "form of entrapment", the Fair Work Commission has found in ordering her reinstatement.
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.
