Employers can't rely on any general principle to dismiss employees for reputational damage, so those without an explicit policy requiring workers to act consistently with their good reputation could be taking a significant risk, a lawyer warns.
The Fair Work Commission has rejected the findings of an HR manager's misconduct investigation after hearing she failed to interview key witnesses, including the accused employee.
The Fair Work Commission has slammed an employer's investigation and dismissal of an employee for leaking "confidential HR information", describing the process as a "very regrettable display of incompetence".
An unfair dismissal decision highlights that in some circumstances it will be fair for an employer to sack a worker for serious out-of-hours misconduct that has no connection to work, an employment lawyer says.
Discussions of a s-xual nature "have no place at work", the Fair Work Commission has ruled in finding an employee was fairly sacked for asking a colleague at work if she'd had an abortion.
An employer must pay a worker $110k in damages, after an appeal court found the terms of his contract required more than an "opinion" of wrongdoing to justify his dismissal.
An employer has to reinstate a worker who described its customers online as "spastics and junkies", after the Fair Work Commission found dismissal was a disproportionate response to his misconduct.
A self-proclaimed workplace relations specialist that unfairly sacked an injured worker has won an application to ban a decision regarding remedy. Meanwhile, new gender reporting requirements will help employers identify their inequality 'hot spots', and AHRI has called for long service leave amendments.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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