In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
An employer must put in place new anti-bullying measures and keep two senior employees apart, after it found itself caught between retaining a "key employee" and its commitment to a bullied CFO.
The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.
Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.
A general protections application lodged on the basis of a "future" right to claim unfair dismissal is an important one to watch, a workplace lawyer says.
Rushing a sexual harassment investigation to meet a business deadline denied an employee procedural fairness, a Fair Work Commissioner has found, while accepting that his behaviour was "totally unacceptable" and the end result would have been the same.
"For the sanity of all involved" it would be wise for an employer to continue its efforts to keep two workers separate, the Fair Work Commission has said, while declining to make stop-bullying orders.
It was fair to dismiss a worker who remained certified unfit for work after a 22-month absence and seemed unwilling to assist his own recovery, the Fair Work Commission has ruled.
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