An employer yet to face penalties for breaching an employee's general protections has convinced the Federal Court to hear an appeal against findings made about its decision-making process.
Even when an IME suggests an employee permanently can't perform the inherent requirements of their job, it's best not to assume it's safe to dismiss them, a lawyer says.
An employee had no basis for claiming she was unfairly dismissed when she'd "simply allowed" her fifth fixed-term contract to expire by failing to sign an extension, the Fair Work Commission has found.
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 based on initial fact-finding 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.
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.