Misconduct | Page 8 (803 items)

The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.

A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.

A "mountain of evidence" from colleagues about an employee's behaviour at work has undermined his appeal against misconduct findings.

After being ordered to reinstate an employee sacked for physical violence, an employer has failed to convince a Fair Work Commission full bench that the earlier decision applied the wrong legal test for self-defence.

The Fair Work Commission has rejected that an employee was unfairly dismissed for physically assaulting a coworker, despite flaws in the termination process and the overall harshness of the decision.

Ernst & Young has defended terminating a senior partner who was charged with assault after hours spent drinking with staff and clients, on the basis his conduct was likely to harm the firm's interests.

An employee has been chastised for "grasping at excuses for his unacceptable conduct", with the Fair Work Commission accepting he posed a "serious and imminent risk" to workplace health and safety and was fairly sacked.

Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.

Private workplace messages may well have been "venting", but in body-shaming a manager and encouraging gendered violence they were also inappropriate and warranted discipline, a commission has ruled.

Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.