Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
When courts are considering who made a decision to dismiss or take other adverse action against an employee, and for what reasons, identifying and interrogating all decision-makers has become a "live issue", a workplace lawyer says.
A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.
An employee has won compensation for unfair dismissal, after the Fair Work Commission found he was warned about failing to provide notice of his absences, but not more broadly about his attendance issues.
A resignation email that copied in clients was potentially embarrassing for an employer, but it didn't warrant dismissal, the Fair Work Commission has ruled.
It was "extraordinarily insensitive" to tell an employee to be "inclusive of all opinions", including racist ones, the Fair Work Commission has found in unfair dismissal proceedings.
Dismissing an employee because he wouldn't agree to his image or voice being shared on social media, unless he was paid extra for it, amounted to unlawful adverse action, the Federal Circuit Court has ruled.
The way a manager responded to misconduct allegations gave his employer "no reason to hope" he would comply with its code of conduct in future, a commission has found in rejecting his unfair dismissal claim.
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.
