The Fair Work Commission has halted an employee's reinstatement order, while the employer appeals against a ruling that its "drawn out" disciplinary process made her sacking unfair.
An employer gave no explanation for the "inordinately long time" it took to investigate and discipline an employee for misconduct, rendering her valid dismissal harsh.
Removing a manager from her role, informing hundreds of staff of this decision, and then dismissing her, weren't actions taken because she'd made 19 workplace complaints, an appeal court has ruled.
It would be "unconscionable" to allow an employer to dismiss a group of employees for misconduct after an "arbitrary and unfair" investigation, a Fair Work Commission full bench has ruled.
An employer has failed to prove that it sacked an employee over "threatening" and "offensive" internal communications, with a court finding her complaints about executives "sealed [her] fate".
Managers consistently dealt with an employee's work mistakes in a "positive, encouraging and supportive manner", even while dealing with numerous customer complaints, the Fair Work Commission has found in unfair dismissal proceedings.
An employer has failed to prove it didn't intend to dismiss a worker after she publicly responded to a "hurtful" email about absenteeism, and has been ordered to pay her maximum compensation.
A manager who responded to misconduct allegations with denials, counter-allegations, and 13 statements of support from colleagues has failed to convince the Fair Work Commission he was unfairly dismissed.
A manager's "playful gesture" to ease workplace tensions with a colleague was "entirely inappropriate", but it wasn't misconduct that warranted her demotion, a commission has ruled.
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