Managing misconduct is always difficult, but remote work and pandemic factors have heightened employers' challenges in this space. This webcast provides an up-to-date review of misconduct case law and outlines on-site and online risks, appropriate disciplinary responses, and much more.
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Investigations are often the first port of call in managing workplace conflict, but their effect is "like throwing a grenade" into a team, a specialist warns.
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An employer was understandably alarmed at discovering an employee conducting a self-described "side hustle", but it acted "too hastily" in dismissing him, the Fair Work Commission has ruled.
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An employer failed to conduct an open and transparent investigation into an employee's alleged misconduct, but this didn't warrant upholding her dismissal claim, the Fair Work Commission has ruled.
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An employer acted with "undue haste" in fast tracking two warnings about a manager's misconduct, when it would have been "relatively easy" to obtain her response to its allegations before sacking her.
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An "argumentative and difficult" employee with a history of misconduct was unfairly sacked partly because his employer advised him of its decision via email, the Fair Work Commission has ruled.
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Honesty and cooperation following workplace misconduct isn't "noteworthy" behaviour that mitigates its seriousness, the Fair Work Commission has ruled in rejecting an unfair dismissal claim.
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An employee who accused a Fair Work Commissioner of bias and bullying has partially won an unfair dismissal appeal on procedural fairness grounds.
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Employers don't have to warn employees not to act dishonestly, nor provide them with detailed allegations prior to a disciplinary meeting, the Fair Work Commission has reconfirmed in rejecting a worker's unfair dismissal claim.
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