General protections breaches "should never be treated as an acceptable risk of doing business", a Federal Circuit Court judge has stressed, in awarding about $90k to "a most difficult and challenging employee".
An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.
It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
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.
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.
