An employee's frustration over his perceived unequal treatment at work didn't warrant the excessive number of harassing text messages he sent his HR manager, the Fair Work Commission has ruled in upholding his dismissal. » more »
An employee sacked for misconduct has won an appeal against his dismissal due to flaws in the investigation, which included "inexplicable and unconscionable delay". » more »
The Fair Work Commission has upheld an employee's unfair dismissal claim despite "some level of underperformance". Also in this article: new cases on 'reasonable management action', workplace investigations gone wrong, redundancies and more. » more »
An employee who was "clearly" frustrated about his delayed return to work after an injury deserved to be dismissed for his derogatory comments to an HR manager, the Fair Work Commission has ruled. » more »
An employee accused of spreading rumours about her boss has successfully argued she was constructively dismissed following a "humiliating" investigation process. » more »
An employee's bid for interim orders restraining her employer from disciplining or dismissing her until her stop-bullying application is finalised has been rejected on appeal. » more »
An HR manager has failed to argue that mentioning potential redundancies during a toolbox meeting satisfied consultation requirements. Also in this article: new misconduct and discrimination cases; proposals to extend parental leave; and more. » more »
The Fair Work Commission has awarded redundancy pay to an employee whose role was terminated while he was on sick leave, finding an HR consultant's communication with him was confusing, "unnecessarily aggressive" and unreasonable. » more »
An employee with a history of "wilful misconduct" incidents has failed to argue his behaviour wasn't serious enough to warrant termination. » more »
A worker who was dismissed when pandemic restrictions forced her employer to close, but then was rehired under JobKeeper, has failed to convince the Fair Work Commission her employment tenure was unbroken. » more »
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When signs of workplace misbehaviour arise, it's not always necessary or even advisable to launch straight into a formal investigation.
