A BHP employee who was sacked after conducting an airport prank and posing in uniform for an inappropriate photo will receive compensation, after her employer failed to follow its own disciplinary process.
The obligation to notify and consult with employees is the element of restructuring employers most commonly struggle to comply with, according to a workplace law specialist.
An employee dismissed by text message has been awarded maximum compensation. Also in this article, a worker has failed in his application for stop-bullying orders before he returns to work; employers criticise proposed religious freedom laws; and more.
The Fair Work Commission has awarded $5000 in compensation to a casual worker who it found was unfairly dismissed by being excluded from her employer's roster.
The Fair Work Commission has ordered costs against an employee who refused to accept multiple settlement offers in the hopes of being reinstated. In another case, an employer that tried to "punish" an employee for his claim has to pay his costs.
A CEO who was sacked for misconduct did not deliberately breach his company's share trading policy, a court has found, awarding him more than $2 million for wrongful termination.
A senior employee who was sacked after he inflicted physical pain on new recruits without their consent has been reinstated, with a tribunal accepting he didn't intend them harm.
An employer has failed to overturn reinstatement orders for an employee who claimed he tested positive to illicit drugs as a result of touching rather than ingesting them.
A Commissioner's "hesitant" decision to reinstate an employee has been overturned after a full bench found a worker with his long tenure had no excuse for breaching established procedures.
A tribunal has upheld an employee's sacking for absenteeism and "confrontational and aggressive" behaviour, rejecting her claim that she was not adequately warned about her conduct.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
