An employee who was described as a "super manager" - but deemed "unsuitable" for her role after she made a s-xual harassment complaint - was exposed to unlawful adverse action, the Federal Circuit Court has found.
A common unfair dismissal defence in cases where employees have covertly recorded work conversations is that they breached the implied duty of mutual trust and confidence; but according to an employment lawyer, this defence is no longer worth arguing.
Organisations involved in mergers and acquisitions might be entitled to offer workers employment without recognising their previous service, but no matter how the contracts are worded, some leave entitlements always remain, warns employment lawyer Athena Koelmeyer.
An employer that mistakenly believed it was justified in dismissing an employee who was absent for more than three months could potentially have relied on a different - but valid - reason for termination, the Fair Work Commission has ruled.
Do you know how a business sale, insourcing or outsourcing decisions affect employment arrangements and employees' entitlements? This webcast explains the HR implications of these transactions.
Should an employer provide allegations to workers accused of misconduct before meeting with them? When should employers become involved in misconduct that occurs outside of work? Who should receive a copy of an investigation report? These and more questions are answered in this Q&A.
The Fair Work Commission has delivered a scathing rebuke to an employer that failed to consult with a worker about making her role redundant while she was recovering from cancer.
An employer has successfully defended a claim from an HR team member whose role was made redundant soon after he filed a bullying complaint, in a case that shows businesses shouldn't fear the general protections laws when they have a legitimate reason for termination.
Mishandling a workplace investigation is one of the surest ways for your organisation to end up defending an employee claim. Watch this webcast to understand how to investigate misconduct allegations while minimising your legal exposure.
Persistently difficult employees should be given a right to respond to misconduct allegations before dismissal decisions, even in cases where it seems doing so won't make a difference, the Fair Work Commission has highlighted.
