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.
Employers continue to face shifting boundaries regarding their ability to address misconduct that occurs outside the workplace or normal working hours. Watch this HR Daily Premium webcast to understand the scope of your rights and obligations.
Employers' obligations to ensure psychosocial safety at work can present a "significant challenge", the Fair Work Commission has observed in finding a stressed and frustrated employee was unfairly dismissed for misconduct.
Workplace disputes and litigation commonly involve certain types of 'difficult' employee, but things needn't progress to that point. This HR Daily Premium webcast discusses how applying the right knowledge and skills can help HR professionals ensure these employees depart smoothly.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.
