An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.
Attempting to recast racially offensive language as a "linguistic misunderstanding" doesn't negate its effect on colleagues and the workplace, the Fair Work Commission has noted in upholding an employee's dismissal.
An employee who breached a workplace policy, ignored a direction and then unilaterally left a disciplinary meeting was unfairly dismissed, the Fair Work Commission has found.
Confrontational behaviour that prompted an employee's dismissal was not a "one-off incident", the Fair Work Commission has found, in ruling that his history of disruptive and challenging conduct rendered the decision fair.
When a senior leader at the ABC sacked an employee who expressed a political view on social media, he disregarded warnings that it "would be worth looping in P&C" to ensure the employer's established disciplinary process was followed, the Federal Court has noted in ordering pecuniary penalties.
A senior HR business partner, whose unfair dismissal claim was undermined by his "patently false", "unsubstantiated" and at times "misogynistic" claims, has been denied leave to appeal by a full bench of the Fair Work Commission.
An employee's failure to notify his ongoing absence after annual leave was a valid reason to dismiss him, but the employer's informal management approach and lack of procedural fairness warranted his reinstatement, the Fair Work Commission has ruled.
A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.
Accusing an employee of misconduct and issuing her a warning, in circumstances which at their highest pointed to an inadvertent breach, was not reasonable administrative action, a tribunal has found.
After responding to multiple performance and conduct concerns with only warnings and counselling, an employer has failed to convince the Fair Work Commission that it had a valid reason to opt for termination.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
