An employer conducted a "woefully inadequate" investigation into an employee's complaints, then unfairly sacked her after deciding it couldn't provide her with a safe workplace, the Fair Work Commission has found.
Employers should have a positive duty to prevent disability discrimination, similar to their s-x discrimination obligations, because the current regime isn't driving systemic change, according to Australia's Disability Discrimination Commissioner.
When a concern is raised that will potentially result in disciplinary action, HR's early decisions can have a big impact on the success and defensibility of the ensuing process. Watch this Q&A to understand how to triage issues before taking action.
A people and culture manager who conducted regular welfare checks with an absent worker prior to dismissing him has successfully defended his adverse action claim.
Sacking an employee at a meeting that he'd been told would discuss "performance concerns" didn't constitute a fair process, the Fair Work Commission has ruled.
A broken-down romantic relationship between two workers didn't undermine the credibility of complaints made by one against the other, a commission has found.
An employee's request to work remotely wasn't validly made, in part because it failed to explain how the arrangement related to her condition, the Fair Work Commission has found.
A "bullish and intimidating" response to an employee's absence was just one example of an employer's unreasonable conduct, which ultimately forced him to resign, the Fair Work Commission has ruled.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
