An employee who consumed up to 15 drinks the night before turning up late to work was unfairly dismissed, because his employer did not submit evidence proving he was still intoxicated.
An employer didn't constructively dismiss an employee when it offered her the choice of resigning, or returning to a workplace alongside her alleged bullies, the Fair Work Commission has found.
In a case that provides an important "lesson" for dealing with workplace complaints, an employer has been criticised for failing to deal with allegations in a "timely and transparent manner".
The timing of a "flurry" of warning letters was proof that an employer had no real intention of allowing an employee to address his alleged shortcomings, the Fair Work Commission has found.
An employee's "excited utterance" following a heated exchange with her supervisor didn't constitute a resignation, the Fair Work Commission has ruled, finding she was dismissed without an opportunity to respond.
Being publicly arrested at work was a valid reason for dismissal, because the employee knew he was a 'person of interest' to police but attended his workplace anyway, the Fair Work Commission has found.
Touching a female colleague on the bottom was "sufficiently serious to justify summary dismissal", the Fair Work Commission has found in rejecting an employee's unfair dismissal claim.
An employee who repeatedly ignored simple directions on where to start work each day has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour was "consciously" deceptive.
A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.
The integrity of an employer's misconduct investigation has been criticised, with the Fair Work Commission finding it substantiated allegations against an employee before he had a proper opportunity to respond.
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