An executive who was headhunted for an executive role, only to be sacked during probation, has failed to convince a court that pitching the role as "long-term" constituted "misleading and deceptive conduct".
An employer's decision to sack a worker facing indecency charges was reasonable, but it was wrong not to consider alternatives such as redeployment or unpaid leave, the Fair Work Commission has found.
When determining how to respond to news of an employee's criminal charges, employers must always bear in mind the presumption of innocence, a workplace lawyer says.
An employer's failure to follow its own policy didn't automatically "doom" the outcome of its investigation, the Fair Work Commission has ruled, upholding the dismissal of a "loose cannon" who showed no willingness to change.
In this HR Daily Premium webinar, an employment lawyer will detail procedural fairness requirements, the role of a support person in disciplinary meetings, policy drafting considerations, and more. Premium members should click through to request a complimentary pass. Upgrade here for access if you're not already a Premium member.
An employer unlawfully discriminated against a worker based on his age and disability when a manager sacked him because he had a bad back, poor hearing and was "too old", a tribunal has ruled.
The extent of employers' duty of care to employees during workplace investigations is set to be examined by the High Court, after a worker who unsuccessfully sued for damages following an "insensitive" investigation was granted special leave to appeal the ruling.
An employer's delay in refusing an employee's annual leave request, and its subsequent decision to dismiss her, amounted to "serious mismanagement", the Fair Work Commission has ruled.
An employee who "voluntarily" made herself unfit for work by consuming alcohol engaged in misconduct, but not to an extent that warranted her dismissal, the Fair Work Commission has found.
Failing to offer an employee a support person for a disciplinary meeting contributed to his "heat of the moment" resignation and ultimately made the termination of his employment unfair, the Fair Work Commission has ruled.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
