The Fair Work Commission has clarified which factors it will – and won't – take into account when determining whether to reinstate a worker who wins an unfair dismissal claim.
Employers that fail to deal appropriately with employee complaints to unions can find themselves facing legal action, but superficial solutions are just as harmful, warns an employment law specialist.
An HR manager who breached the confidentiality requirements of her own bullying complaint has lost her adverse action case in the Federal Circuit Court.
A case in which an HR manager was sacked for sharing her employer's policies and documents raises some questions about investigations and surveillance in the workplace, according to DLA Piper partner Brett Feltham.
The Federal Court has allowed a disgruntled ex-employee to seek access to a report in an adverse action case, casting doubt on the rights employers have to keep documentation private under legal professional privilege.
With an increasing number of executives disputing dismissal decisions via the Fair Work Act's adverse action provisions, rigorous termination processes have never been more important, according to employment lawyer Murray Procter.
The Fair Work Commission has delivered an important decision on the rights of employers faced with uninformative medical certificates covering sick leave.
Confusion about how long an organisation should retain a sick or injured employee who's unable to work could be stopping many employers from lawfully terminating absent staff, according to lawyers from Hicksons' workplace relations group.
Nothing unsettles staff quite like the word "redundancy", but according to lawyer Natalie Spark, avoiding it and skirting around the issue can do more harm than good.
