An employer that followed a clause in its enterprise agreement "in form rather than substance" when investigating alleged misconduct took an approach that could "only be described as procedurally unfair", the FWC has ruled.
An employee who was subjected to "such a vehement and vitriolic dressing down" from his manager that he became unfit for work has failed to convince the Federal Court that the incident, and his employer's failure to properly investigate it, constituted adverse action and breached his employment contract.
Complaints against company heads put HR professionals in the tricky position of investigating the person they usually receive instructions from, so "you need to be a bit careful about how you play it", warns a specialist lawyer.
Do you know which policies, procedures and contracts need reviewing, in light of recent legislative and case law developments? Watch this webcast to understand how the employment law landscape has changed in relation to bullying, adverse action, employment contracts, investigations and more.
An employee who was dismissed for refusing to accept a new position has failed to argue he was sacked for taking sick leave, even though his termination letter expressly referred to it.
Leaders who reduce HR's autonomy and relegate the function to an advisory role are acting well within their rights, the Fair Work Commission has ruled in dismissing an HR manager's unfair dismissal claim.
An employer that failed to comply with its own harassment policy must pay damages to an employee, but according to an employment law specialist, the liability should have been a simple one to avoid.
The Productivity Commission plans to look specifically at whether perceptions of the unfair dismissal jurisdiction match up to reality, as part of its broad workplace relations review.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.