An employer has failed to defend sacking a worker who made "s-xist, misogynist and racist" posts in a private Facebook group, after the Fair Work Commission found it treated him "substantially differently" to a colleague.
An employee who created a private Facebook group where colleagues would "take the p-ss" out of each other and share inappropriate content has failed to prove his dismissal for posting p-rnographic videos was unfair.
A worker who claimed being disciplined over her social media posts was "cancel culture at its finest" has lost her adverse action claim, with the Federal Circuit Court finding her dismissal was "objectively justifiable".
An employer must again defend dismissing a worker who said she would "take down" the company, after she won an appeal but then lost a dispute over what form the rehearing should take.
The Fair Work Commission has dealt with a wide range of topics in unfair dismissal cases this year, from bullying, harassment and other misconduct, to health conditions and vaccinations, but some have "stuck out", employment lawyers say.
Criticisms about a director on her employer's Facebook page had no "rational connection" to work and in any case didn't amount to bullying, the Fair Work Commission has ruled.
An employer breached its own enterprise agreement when it warned and then sacked an employee for posting his "provocative" views on social media, the Federal Court has found.
Here you'll find links to all resources relevant to HR Daily's 'Out-of-hours and remote behaviour risks' webinar, presented on 20 October by HR Law practice group leader Kristin Ramsey.
The boundaries of what activity an employer can regulate outside the workplace or normal hours have always been blurry, a situation now exacerbated by hybrid and remote working. Watch this HR Daily Premium webcast to get a clearer picture of what your organisation is responsible for, and how behaviour can be managed.
A commissioner has chastised a manager for his abusive outbursts at work and for failing to exercise "extreme caution" when sending sexually graphic messages from company-linked social media accounts.
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.