Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.
An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
An employer failed to learn from its mistakes and unfairly sacked a long-serving worker for returning a positive D&A test, the Fair Work Commission has found in ordering reinstatement.
It was reasonable to summarily dismiss an employee for biting, physical fighting and buttock slapping, with the Fair Work Commission finding his behaviour wasn't "horseplay or friendly banter".
An employee who held a "fundamentally different view" of his performance to that of his employer has lost his unfair dismissal claim, with the Fair Work Commission finding he was given "multiple opportunities" to improve.
It was fair to sack a director who failed to disclose a s-xual relationship with a subordinate and was "essentially dishonest" when questioned about it, the Fair Work Commission has ruled.
An employee has failed to prove his employer and two HR managers tried to pressure him into an "unreasonable" on-call roster, and then unlawfully sacked him after he refused.
An employee who resigned in the "heat of the moment" was dismissed, the Fair Work Commission has ruled, finding the employer failed to clarify whether she "really intended" her action.
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