In a ruling that serves as a warning for employers mandating COVID vaccinations, a commission has found an employer arguably failed to adequately explain why it refused an employee's lengthy exemption application.
It was fair and reasonable to discipline an employee who participated in her daughter's recruitment process with "blatant disregard" for her conflict of interest, a commission has ruled.
An employee sacked for misconduct has won a rehearing of her adverse action claim, with a court accepting her employer might have included workplace complaints among the "behavioural issues" it considered when dismissing her.
An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.
In a significant decision, an employee has failed to convince the High Court that his employer breached its enterprise agreement when disciplining and then dismissing him for exercising his intellectual freedom.
Management action does not have to be "perfect" or industrially fair for it to be reasonable, a Commission has noted in finding a stressed employee was not entitled to compensation for a psychological injury.
The Fair Work Commission has again upheld the sacking of an employee who refused a flu shot, with the majority bench controversially noting the public interest would not be served by encouraging a "spurious objection to a lawful workplace vaccination requirement".
In trying to shield a manager from the embarrassment of suspension, an employer ignored correct procedures and caused his psych injury, a commission has ruled.
There was "ample evidence" a worker's comments to a female employee had a "sexual flavour", a court has ruled in rejecting his $45k damages appeal. Also in this article, new rulings on adverse action, social media misbehaviour, resignations...
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.
