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Tag Archives: Misconduct

Sharing colleague’s remuneration details not serious misconduct

The Fair Work Commission have again demonstrated the high threshold of conduct required to justify a termination for serious misconduct.  In a recent case, an employer dismissed an employee for sharing a photo of a colleague’s employment contract with another employee.  The employee (‘Applicant’) was ultimately dismissed without notice on the basis that his conduct…

HR Manager’s conduct results in summary dismissal

This is an interesting and instructive decision of the Fair Work Commission. In this matter the Commission has upheld the summary dismissal of a HR Manager, otherwise highly regarded by the Employer, following an interesting series of events in the workplace. Background The HR Manager (‘Applicant’), who also held additional roles in the business, had…

Fairly dismissed for disclosing personal information

The Fair Work Commission has found that an employee who approached a competitor of his employer and divulged personal information about his current boss and the business was not unfairly dismissed. In the case, the employer and the employee had already agreed in August 2015 that the employee’s employment would cease on 31 December 2015.…

Misconduct but still unfairly dismissed

To start off 2016, we thought it might be prudent to revisit one of the more significant decisions handed down in 2015 in which a termination for serious misconduct was determined to be unfair, despite there being a valid reason for dismissal.  In this case, it was the Commission’s comments about compensation that should be…

Policies and process fails employer in unfair dismissal case

An employee, believed to have been intoxicated at work, has been successful in her unfair dismissal application which was heard by the FWC earlier this year. The incident that led to the dismissal of the employee centred on Melbourne Cup day in 2014.  The employee claimed that she had a 3 or 4 drinks in…

Employees accused of theft reinstated by FWC

Three employees who were terminated after CCTV footage captured them finding and taking uniform items from an open cardboard box in their workplace have been reinstated by the Fair Work Commission. The employees were initially stood down by their employer pending an investigation into the conduct. During the investigation the employees were represented by their…

‘Boys being boys’ defence rejected by FWC

The Fair Work Commission has rejected an employee’s application for an extension of time to lodge his unfair dismissal application in a case involving the employee holding a broken bottle to a colleague’s throat. In considering the merits of the employee’s application, the FWC heard that the employee was drinking with a group of colleagues.…

Leaking confidential information costs RSPCA manager his job

The Fair Work Commission has dismissed an employee’s application for unfair dismissal after the employee provided confidential documents belonging to his employer to his union and to a journalist. The employee was also found to have made disparaging remarks about the CEO of the organisation to other employees. As a result of the employee leaking…