Being sacked for serious misconduct after regularly complaining of workplace bullying and harassment would have made a manager feel like "a grave injustice had been perpetrated", the Federal Circuit Court has accepted in adverse action proceedings.
A manager should have realised that a $2.2 million offer to settle his long-running adverse action case was the best outcome he could realistically expect, the Federal Court has commented, in making a costs order against him.
Employers and HR practitioners continue to make some avoidable mistakes after dismissing employees, which increase their likelihood of losing claims in the Fair Work Commission, a workplace lawyer says.
Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
A safety-critical employee, who turned up to work in an impaired and unfit state to perform his role, has failed to convince the Fair Work Commission his misconduct wasn't "serious" and he shouldn't have been summarily sacked.
It wasn't unfair to dismiss an incapacitated employee without first trying to redeploy or rehabilitate him, the Fair Work Commission has found, given the "likely permanence" of his inability to perform any work.
It was fair to sack an employee who travelled overseas without approval to take annual leave, despite some shortfalls in the employer's process, the Fair Work Commission has ruled.
The humiliation of having to express breastmilk in a storeroom was "obvious", the Federal Circuit Court has ruled, in upholding an employee's discrimination and adverse action claims.
Rising claim numbers mean HR professionals are now more frequently required to navigate the complexities of the Fair Work Commission. And, as caseloads grow, it's essential for practitioners to be well-prepared and efficient in their approach. Watch this HR Daily Premium webcast so you can avoid common pitfalls and put your best foot forward.
An HR manager who claimed to have "elevated" experience and the ability to "model proper workplace behaviours" had options other than quitting when she was upset by inappropriate workplace comments, the Fair Work Commission has found.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
