An employee who received 19 warnings for performance issues before he was eventually sacked has failed to convince the Fair Work Commission his dismissal was unfair.
The Fair Work Commission has dismissed an employee's stop-bullying application, despite noting a "troubling absence" of any explanation as to why he would fabricate his allegations. Also in this article, a survey has found nearly two in three women and one in three men have experienced s-xual harassment at work; a mental health expert says real-time stress leave reporting would improve employees' health; and more.
A commission has rejected an unfair dismissal claim brought by an employee who was openly hostile towards his employer and bullied his superiors, declaring he was "the architect of his own demise".
The Fair Work Commission has refused to order an employer not to dismiss a worker before his stop-bullying claim has been heard. Also in this article, facilitating conversations about s-xual harassment; mild anxiety is affecting two in three employees; and more.
A union group plans to use the upcoming national inquiry into s-xual harassment to call for legislative changes that place stronger prevention obligations on employers.
Workplace bullying policies and training are simply not enough on their own to stop inappropriate behaviour at work, according to an Australian researcher, who suggests taking a more preventative and occupation-focused approach.
Broadening the FW Act definition of 'employee' would go some way to addressing lagging wage growth, employment law academic Ron McCallum says. Also in this article, an employer pays dearly for a confidentiality breach; a recap of recent case law; and more.
An employer will have to produce its workplace investigation report in defending a stop-bullying claim, with the FWC rejecting it was subject to legal professional privilege. Also in this article, an interim report on banking and finance misconduct places the blame squarely on incentives; research shows working fathers don't get enough support from employers; and more.
Host employers that set rosters far in advance could be breaching the Fair Work Act if they allow "permanent casual" labour hire workers to fill their shifts, a union claims. Meanwhile, the Fair Work Commission rejected an employer's argument that it wasn't covered by stop-bullying laws; we recap recent rulings on performance management, unfair dismissal, adverse action and redundancy; research shows recruiting top talent is becoming more difficult; and more.
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.