A dismissal meeting that "blindsided" an employee accused of misconduct while on annual leave "should never have occurred in the way it did", the Fair Work Commission has chided.
An employee's dishonesty during an investigation into his out-of-hours misconduct made his dismissal fair, while a colleague sacked over the same incident won reinstatement. Also in this article: a roundup of recent dismissal rulings.
The Fair Work Commission has accepted an employer's claim that its procedural failures when dismissing an underperforming manager didn't matter to the usual degree, because he had completed the minimum employment period only 11 hours earlier.
Employee resignations are on the rise, and so are disputes about whether they are genuine, or constructive dismissals. This Q&A discusses protective and preventative steps employers can take.
An employee who was "coasting along" under a remote manager has successfully challenged his dismissal, on the basis he was never properly warned that his performance wasn't up to scratch.
A manager should have better controlled his "easily triggered" temper, the Fair Work Commission has said in upholding his dismissal for verbally abusing a female colleague.
An employee's opportunity to respond before he was sacked for serious misconduct was too "narrow in scope", an FWC full bench has ruled, while nonetheless upholding the dismissal as fair.
The fact that a psychological assessment process lacked transparency was not enough to render an employee's dismissal unfair, the Fair Work Commission has ruled in rejecting an employee's appeal.
An employer has defended sacking a chief operating officer who misled its board in a "serious and material way", with the Federal Circuit Court rejecting his adverse action claim.
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.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
