Unfair dismissal claim rejected despite employer's failure to respond to ongoing misconduct
By Bianca Friedman
The Fair Work Commission refused an employee’s application for unfair dismissal despite finding that the employer was aware of his inappropriate behaviour and did not intervene in a timely manner.
The employee had made offensive remarks and bullied co-workers repeatedly over a number of years. The employer had been aware of this conduct since 2009, as a number of complaints had been made against the employee. However, it took no action to ‘counsel, advise or retrain’ the employee and made no attempt to remedy the behaviour, prior to terminating his employment for misconduct in 2012…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
Australia treasurer Joe Hockey has announced the removal of foreign investment conditions placed on Yanzhou in relation to its holding in Yancoal.
An in-depth understanding of the unique legal environment in China is essential to fully understand compliance requirements.
Analysis from The Lawyer
All-encompassing change is now a reality for the UK’s top 200 firms. How are they coping with the unprecedented upheaval? The Lawyer finds out