Recent redundancy decisions that have been overturned involve a redeployment sabotage, abandoned performance management, inadequate consultation, and more.
An employer's procedural errors weren't so great as to make a manager's dismissal for drinking while at work unfair, the Fair Work Commission has ruled. Meanwhile, an employee's mass email speculating about job cuts justified his sacking, while another's abusive response to an "overly keen" supervisor also warranted termination.
An employer's dismissal of its most senior manager following employee complaints was "capricious, spiteful and prejudiced", the Fair Work Commission has ruled.
An employer was wrong to sack a manager without warning after his team delivered a JK Rowling book a day early, the Fair Work Commission has found, awarding him $50k in compensation.
The Fair Work Commission has chastised a large employer for dismissing an employee over the phone while she was on sick leave, likening its action to "tossing out a dirty rag".
An employer that made generalised accusations against an employee, despite having video footage of her alleged misconduct, practised a "form of entrapment", the Fair Work Commission has found in ordering her reinstatement.
An employer took unlawful adverse action in dismissing an employee because she was pregnant, a court has found, while two employees have failed to prove workplace complaints were the reason they were sacked.
Evidence of a worker's serious misconduct, no matter how strong, is no guarantee an on-the-spot dismissal will be considered fair in court, according to a lawyer.
Misapprehensions abound about summary dismissals and continue to trip up even the most vigilant employers. Watch this webcast to understand why employees can never be dismissed "on the spot", how to ensure workplace policies support disciplinary action, and more.
The Fair Work Commission has found it was harsh to sack an employee who claimed work incidents caused him to fail a random blood-alcohol test. Meanwhile, an employer criticised for massive procedural fairness failings is appealing an unfair dismissal ruling; a third state is introducing labour hire licensing; and more.
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.
