Employer used "unreliable" medical evidence to sack 73-year-old worker
It was unfair of an employer to sack a 73-year-old employee with nearly four decades' service on the basis of one medical assessment, the Fair Work Commission has found. » more »
Investigations & procedural fairness (184 items)
Misconduct dismissals: 'Anti-management' behaviour, threats and aggression
An employer acted reasonably in sacking an employee who tried to undermine managers, the Fair Work Commission has ruled. Also in this article, two misconduct-related dismissals upheld despite their procedural defects. » more »
Westpac criticised for "tick and flick" training, unfair investigation
The Fair Work Commission has criticised Westpac for its "tick and flick" approach to workplace training, finding its dismissal of an employee for policy breaches was unfair. » more »
Employee unfairly dismissed for breaching investigation confidentiality
An employee's dismissal for dishonesty and confidentiality breaches during a bullying investigation was unfair, the Fair Work Commission has ruled. » more »
Procedural flaws made s-xual harassment dismissal unfair
An employer's procedural failings rendered an employee's dismissal for s-xual harassment unfair, the Fair Work Commission has ruled. » more »
Employer unfairly "outsourced" employee's dismissal to client
An employer that sacked a worker after a client removed her site access has failed to defend an unfair dismissal claim by arguing its "hands had been tied". » more »
No privilege for workplace bullying report; Incentives at heart of all banking misconduct; and more
An employer will have to produce its workplace investigation report in defending a stop-bullying claim, with the FWC rejecting it was subject to legal professional privilege. Also in this article, an interim report on banking and finance misconduct places the blame squarely on incentives; research shows working fathers don't get enough support from employers; and more. » more »
Serious misconduct outweighed disciplinary flaws
The seriousness of an employee's misconduct outweighed his employer's numerous disciplinary failings, the Fair Work Commission has found in rejecting his unfair dismissal claim. » more »
"Highly prejudicial" meeting didn't force employee to resign
The Fair Work Commission has found an employee did not breach his employer's workplace policies in expressing a view about domestic violence that was inconsistent with its philosophy, but has nonetheless rejected his unfair dismissal claim. » more »
Dismissal unfair after "utterly unacceptable" management failings
The Fair Work Commission has slammed an employer for its "dysfunctional" and "shambolic" workplace culture, and ordered it to compensate an employee for unfair dismissal. » more »
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