A manager should have realised that a $2.2 million offer to settle his long-running adverse action case was the best outcome he could realistically expect, the Federal Court has commented, in making a costs order against him.
Employers and HR practitioners continue to make some avoidable mistakes after dismissing employees, which increase their likelihood of losing claims in the Fair Work Commission, a workplace lawyer says.
Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
An employer that failed to take any steps to review its procedures after a court found it engaged in unlawful adverse action has been ordered to pay an employee $30k in compensation and penalties.
Returning to work after a pregnancy carries retention, safety and legal risks, but many employers fail to mitigate them, and in some cases exacerbate them, an HR professional warns.
A safety-critical employee, who turned up to work in an impaired and unfit state to perform his role, has failed to convince the Fair Work Commission he shouldn't have been summarily sacked because his misconduct wasn't "serious".
When workplaces harness their "superpowers" of empathy, creativity, systems thinking and wisdom, employees over 50 offer "the ideal workforce for the modern world", a career coach says.
It wasn't unfair to dismiss an incapacitated employee without first trying to redeploy or rehabilitate him, the Fair Work Commission has found, given the "likely permanence" of his inability to perform any work.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
