An employer effectively forced a poor-performer to resign but it didn't unfairly sack him; rather, it was trying to give him a "dignified exit", the Fair Work Commission has found.
In a new decision under the Fair Work Act's powers to order sexual harassment to stop, a Deputy President has examined when harassment will be deemed to have occurred "at work".
An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.
A Fair Work Commission full bench has affirmed the principles of what constitutes work-related conduct out-of-hours, in upholding an employer's appeal against a reinstatement order.
It was unfair to dismiss an employee for engaging in a consensual "interaction" on a work retreat, the Fair Work Commission has found in ordering his reinstatement and six months' backpay.
Spreading "fear mongering rubbish" on social media and attending a large protest during COVID lockdowns last year made an employee's dismissal valid, but her "dire" financial circumstances at the time rendered it harsh.
An employer has defended sacking a manager for being "out of his depth" when it came to implementing procedures, training subordinates and generally connecting with colleagues.
An employer's immediate and "considerate" response to an employee's workload complaints didn't mitigate the fact it asked "too much" of her over an extended period, making it liable for her psychological injury.
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