Misconduct allegations a "brutal burden" for employee
The Fair Work Commission has found that a "brutal" dismissal fell short of being harsh, because the employee had "clear and fair opportunities" to respond to the allegations against him. » more »
Bullying, harassment & misconduct (533 items)
Employees fairly sacked for "extravagant" financial abuses
The Fair Work Commission has upheld the dismissal of three employees for misconduct, finding the trio abused their positions to obtain a range of "extravagant personal benefits". » more »
Drunk employee's reinstatement upheld; D&I programs missing the mark; and more
The dismissal of an employee for drunken behaviour has "significant application across Australian workplaces" and warranted rehearing by appeal, the Fair Work Commission has ruled. Also in this article, D&I programs are missing their mark; communicating STP changes to employees; and more. » more »
"Bludger" dismissal upheld; Termination case wrap; NDAs misused; and more
An employee has lost his general protections claim after failing to convince a court he was sacked for being injured rather than a "bludger". Also in this article: new unfair dismissal rulings; why non-disclosure agreements should be "outlawed"; and more. » more »
Bully manager enters EU; Compensation for employee ostracised by colleagues
A manager who belittled and threatened employees has completed an enforceable undertaking in lieu of prosecution. Also in this article, an employee has won a compensation appeal over a psychological injury claim arising from bullying and ostracism by co-workers. » more »
Employer forced resignation, but termination was warranted
An employee has successfully claimed he was forced to resign, but the Fair Work Commission has nonetheless found his dismissal was fair. » more »
One in three employees harassed, but very few report it
One third of employees are sexually harassed at work, but official complaints are much lower because victims fear others will think they're overreacting, according to new research. » more »
Eight-month-old misconduct no basis for dismissal
The Fair Work Commission has awarded $4000 compensation to an injured employee who was preparing to return to work when he was dismissed for misconduct that occurred eight months earlier. » more »
Misconduct investigation to proceed despite bullying claim against HR
An employee who made bullying allegations against her employer's head of HR has failed to convince the Fair Work Commission that an investigation into her own behaviour should halt while her application is determined. » more »
Five executives "in cahoots" following dismissals
Five senior executives have won their unfair dismissal claims, but will receive no compensation after the Fair Work Commission found they engaged in a "significant amount of misconduct" after being sacked. » more »
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Procedural fairness update
Courts and commissions are more closely scrutinising not just the validity of employers' termination decisions, but also the fairness of their procedures. This webinar will discuss typical mistakes, their ramifications, and how to avoid them.
