The Fair Work Commission has stayed the reinstatement of an employee whose dismissal was unfair, while downplaying the employer's concerns about his potential impact on others in the workplace.
A stop-bullying order requiring mediation between an employee and his manager will stand, after the employer failed to persuade the Fair Work Commission to hear its appeal.
Aggressive and intimidating behaviour was not a valid response to performance management, the Fair Work Commission has found, ruling that the employee's conduct was detrimental to the wellbeing and safety of his colleagues and justified his dismissal.
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.
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.
