Failing to update workplace policies was a "significant dereliction" of a manager's duty, but his employer's investigation flaws made his dismissal harsh, the Fair Work Commission has ruled.
Instead of accepting an underperforming employee's "gracious" resignation, an employer immediately and unfairly dismissed him for serious misconduct, the Fair Work Commission has ruled.
An employer sacked its new CEO because it believed he was complicit in removing board members from a meeting using "burly, tattooed men", and not because he made whistleblower disclosures, the Federal Court has found.
An employee who "relentlessly pursued" a subordinate despite her repeated rejections has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour amounted to serious misconduct.
An employee sacked for making a highly offensive comment about a coworker has lost her unfair dismissal claim, despite arguing she was "simply discussing work colleagues in the company of friends".
Rejecting an employee's flexible work request based on a perception that he would be distracted by his child and not responsive enough to customers was not reasonable, the Fair Work Commission has ruled.
An employee who was involved in multiple incidents, included two vehicle crashes and a D&A policy breach, was fairly dismissed despite his employer's lack of adherence to its own policy, the Fair Work Commission has ruled.
Employers' duty to consult about major workplace change should only be triggered after a "definite decision" has been made, the Fair Work Commission has determined for the purpose of drafting model EA terms. However, it flagged that the topic will receive further consideration later this year.
Despite defending an unfair dismissal claim from a worker it had "every right" to sack, an employer has failed to win an order for all of its legal costs.
The new 'unfair contracts' jurisdiction cannot deal with disputes about the conduct of parties to a contract, the Fair Work Commission has clarified in dismissing a home-care contractor's claim.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
