Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.
The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
An employee sacked for aggressive and threatening conduct has won reinstatement, after the Fair Work Commission found his employer failed to consider his challenging personal circumstances before dismissing him.
An employee's racist comments during a site-wide meeting warranted dismissal, but his employer's failure to notify him of its reasons before deciding to sack him was unfair, the Fair Work Commission has ruled.
An employee who threw a coffee cup "with significant force" after a colleague called him a "boofhead" has failed to convince the Fair Work Commission his conduct was a result of provocation.
An employee has won his unfair dismissal claim despite showing a concerning lack of insight into his inappropriate behaviour, after the Fair Work Commission found his sacking could have a "catastrophic consequence".
Even if some complaints about an employee's behaviour were the result of ADHD-related "misunderstandings", her conduct warranted termination, the Fair Work Commission has found.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
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.
