An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.
Secretly working in a second job and being dishonest after it was discovered constituted serious misconduct, the Fair Work Commission has found in upholding an employee's summary dismissal.
Blaming a general manager for stalling a redundancy consultation process, when the purpose of any further discussion remained "opaque", was "self-serving and disingenuous", the Fair Work Commission has ruled.
An "attitude of reticence or disinclination" towards making intractable bargaining declarations goes against the reforms' intentions, a Fair Work Commission full bench has ruled.
It was "difficult to understand" how an employee's private sexual conversations with someone outside of work became a work-related matter, a commission has commented in upholding his appeal.
Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
Employers should be much more interested in the information they're collecting about employees, including from "private" conversations held on work platforms, according to a lawyer.
The Fair Work Commission has considered in detail what constitutes sexual harassment, and what doesn't, in upholding the dismissal of an employee who denied his messages about "love" and requests for a date had any sexual element.
It was unreasonable to inform an employee who had just raised a bullying grievance that his previous allegations weren't substantiated, a commission has ruled in a psychological injury dispute.
The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
