An "adrenaline-charged and stressful situation" didn't excuse an employee who swore, shouted and intimidated a colleague who called him out on a procedural breach, a commission has ruled.
It was "grossly unfair" to give an HR executive a short timeframe to consider a retirement offer, but he was the "unfortunate victim" of a restructure rather than adverse action, a court has ruled.
An employer followed its enterprise agreement "unconsciously rather than deliberately" in deciding whether to make a role redundant, but its decision was nonetheless valid, the Federal Court has ruled.
The Fair Work Commission has criticised an HR director's entirely email-based disciplinary process, in finding an employee was unfairly dismissed for his disrespectful "tone".
An employer had no choice but to remove an employee from a client's site, but its communication failures made the dismissal unfair, the Fair Work Commission has found.
A employee sacked for social media breaches has won a rehearing of her dispute, after the initial judge failed to give detailed reasons for dismissing her claim.
An employer must compensate a manager it sacked for s-xually harassing a customer, after the Fair Work Commission found its dismissal process was "procedurally disastrous".
The Fair Work Commission has rejected that an employee kicked and pushed a colleague in a "fight or flight" reaction, finding her conduct warranted dismissal despite a flawed procedure.
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.
