The Fair Work Commission has outlined what not to do when dealing with workplace conflict, in finding an employer had a valid reason to sack a worker for "quickly and unnecessarily" escalating an altercation.
An employer that knew a worker hadn't been coping with his job should have given him more than 24 hours to defend serious misconduct allegations made against him, a commission has ruled in upholding his unfair dismissal claim.
The Fair Work Commission has rejected a sacked worker's claim that he didn't deliberately place his hand in a hazardous machine, as contended by two witnesses, despite finding there was "no obvious reason" why he would do such a thing.
An employer that sacked a worker for exposing employees to a "potential catastrophic event" has lost its appeal against reinstating him, but a Fair Work Commission full bench has stripped him of an earlier compensation award.
A passenger in a work vehicle has the same implied and statutory duty to observe safety signs and communication procedures as the driver, a commissioner has ruled in finding an employer was right to discipline a worker for using his mobile phone at the time of a crash.
The Fair Work Commission has rejected a sacked worker's claim that his former employer's safety practice for reversing vehicles was no more than a "guide" that didn't apply to all areas of the worksite.
A worker's actions in repeatedly phoning a colleague after work hours constituted dismissible harassment, but his HR manager's "heavy handed" response to the incident, as well as her fabricated evidence, rendered the sacking unfair, the Fair Work Commission has found.