A lawyer whose contract was terminated after he publicly criticised the Federal Government was not subjected to adverse action because of a political view, but rather punished for breaching the firm's media policy, a federal court has upheld.
A decision that a BHP worker who played a prank at an airport was unfairly dismissed has been quashed, after an appeal bench found criticism of the employer's "Fair Play Guidelines" was misconceived and irrelevant.
The enterprise bargaining space is currently quite volatile and will likely remain that way for some time, but certain recent rulings have provided some much-needed clarity for employers.
A Fair Work Commission full bench has affirmed that an employee's secret recording of a disciplinary meeting should not be admitted as evidence in his unfair dismissal dispute.
An employer previously ordered to pay $230k for defaming a former employee has successfully appealed the ruling on the basis its communication was of "critical interest" to the recipients.
A Fair Work Commissioner failed to consider whether an employee's sacking for excessive absenteeism was fair in light of his medical condition, a full bench has ruled in allowing an appeal.
An employee who was unfairly sacked but received no compensation because she was 'incompetent' has successfully appealed the ruling. Also in this article, new rulings on bullying, contract breaches, PIPs and harassment; changes flagged for PPL; and more.
The Fair Work Commission has criticised an employer's "inconsistent" and "risky" zero-tolerance D&A policy, ordering reinstatement for an employee sacked after failing a random test.
A tribunal has ordered compensation for an employee who suffered a psychological injury after reviewing records of workplace bullying and harassment she experienced 10 years earlier.
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.