"Any reasonable adult worker" should understand that using offensive language to describe a CEO and other employees constitutes misconduct, a tribunal has noted in dismissing a sacked employee's application for reinstatement.
The involvement of dedicated HR specialists had an "adverse" impact on the procedures an employer followed when sacking a worker, and warranted an order for maximum compensation, the Fair Work Commission has ruled.
A medical opinion stating it was "possible" that a disciplinary meeting "may have had an impact" on an employee's psychological condition did not come close to clearing her employer of liability for the injury, a tribunal has found.
Despite concerns about her "seriously disrespectful" conduct, an employer has lost a dispute about converting an employee to a permanent role, with the Fair Work Commission finding it backed out of "unequivocal" commitments.
It was "fanciful" for an HR professional to defend forwarding confidential work information to his personal email, according to the Fair Work Commission, rejecting that his dismissal "did not fit the crime".
A disciplinary meeting was not the main cause of an employee's psychological injury, but it was the final straw for him after a year of workplace hazing and bullying, a commission has found.
A court has granted interim orders restraining a senior manager from soliciting his former employer's clients and staff to join a competitor, after accepting evidence that the business might otherwise lose millions of dollars in revenue.
Giving an employee one day to respond to a show-cause letter after accusing him of assaulting a colleague was unreasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
A finding that an employee "acted with a lack of urgency" to ensure he maintained legal working rights was open to the Fair Work Commission, a full bench has confirmed in rejecting his unfair dismissal appeal.
Rude and unprofessional behaviour towards customers, which persisted despite warnings and performance coaching, provided a valid reason for an employee's dismissal, the Fair Work Commission has found.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
