A "model employee" who claimed overtime for hours he didn't work has failed to convince the Fair Work Commission his dismissal was unfair because he was "balancing" hours owed to him.
The High Court has updated and publicised its s-xual harassment policies in the wake of findings against a former judge. Also in this article, Western Australia's new IR bill; an employee retrenched at the height of COVID-19 who saw her employer advertising jobs weeks later can claim unfair dismissal; and more.
Recent rulings and a lack of case law consensus show how difficult it can be to manage performance-related dismissals that also involve factors such as mental illness, says an employment lawyer.
An employer did not have an "unfettered right" to sack an employee for performance issues simply because she was still on probation, the Fair Work Commission has ruled.
The Fair Work Commission has found an employer fabricated evidence to defend an unfair dismissal claim from an employee whose role was made redundant just days after a positive performance meeting.
An employer whose warning letters to an underperforming employee were so positive that she claimed to have been unaware her employment was at stake has successfully defended an unfair dismissal claim.
A senior employee's disappointment over being excluded from a recruitment panel was the driving force behind his subsequent misconduct, but couldn't excuse it, a commission has found.
The Fair Work Commission has criticised an employer for compromising some fundamental rights when conducting psychometric assessments, but ultimately ruled a worker's dismissal was fair.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
