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Tag Archives: Serious Misconduct

Employment Update – July 2018 – Workplace bullying, performance management, and dismissals being effected “in person”

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought…

Employment Update – October 2017 – Employee lies about qualifications: Unfair dismissal but no compensation

The Fair Work Commission has recently delivered another instructive decision for employers.  The decision again brings into the spotlight the threshold for establishing serious misconduct, but also provides a significant deterrent to employees who lie about their qualifications. In this case the Applicant was employed as Finance Manager for a not for profit group of…

After-hours threat made by manager constitutes serious misconduct

A manager has been found to have engaged in serious misconduct after threatening to touch a female colleague’s vagina. The conduct occurred at a team building event. During the event, the Applicant (a manager) is alleged to have become aggressive towards a female colleague.  One of the other the employees who witnessed the Applicant’s conduct…

Dangerous conduct justifies serious misconduct termination

The FWC has dismissed an employee’s unfair dismissal claim, after it found that the Employer (an automotive parts franchise) had grounds to dismiss the employee for serious misconduct. The Employee was terminated after he engaged in three incidents of misconduct over three days.  Firstly, it was alleged that the Employee performed a burnout in the…

Another employer fails to establish serious misconduct

Another employer has failed to satisfy the Fair Work Commission on the issue of serious misconduct. In this case , the Applicant was an internationally renowned rifleman and IT Manager. In July 2015, a friend of the Applicant attended the carpark of the Applicant’s workplace with the intention of discussing a rifle part with him.  Critically,…

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