Don't jump to conclusions, be fair, and set clear expectations for your employees.
It's that time of year again. As 2016 draws to a close, "best of" lists of books, music and films start appearing. This round up is a little different; it's employees behaving badly in 2016 and the response of the Fair Work Commission to such behaviour. (Of course, as we will see, employers aren't always perfect either.)
A recurring theme in 2016 was the media breathlessly reporting that various types of misconduct by employees don't justify dismissal, implying the Commission condones such behaviour. As you will see, the position is often more nuanced and illustrates that unfair dismissal cases turn on the circumstances of the case and constitute a balancing act between a range of considerations.