An employee who breached the confidentiality of his own show-cause process while he was "overcome with emotion" has lost his appeal against proposed disciplinary action.
A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.
A full bench of the Fair Work Commission has set out some minimum requirements for a workplace D&A policy to be considered "intelligible" to the relevant employees, in dismissing an employer's reinstatement appeal.
More than a year after the High Court ruled Qantas took unlawful adverse action against 1,700 of its former employees, the Federal Court has awarded one of them $100k in compensation for non-economic loss alone.
An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.
In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
An employer has been fined $25k for taking adverse action against an employee who complained about a superior, with the court noting its contravention was "serious".
A former CEO deliberately misled a recruitment panel when he failed to disclose that in a prior role he was found to have "knowingly engaged" in unconscionable conduct, a tribunal has ruled.
Reinstating an employee accused of misconduct would "in no way" undermine an employer's capacity to comply with its safety obligations, a Fair Work Commission full bench has ruled in rejecting an unfair dismissal appeal.
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.
