An employee who took sick leave after his annual leave request was denied did not suffer adverse action when he was dismissed - and made a tactical mistake in claiming he did, the Federal Court has found.
Employers now, more than ever, should equip themselves to defend a general protections claim before contemplating any dismissal, a workplace relations lawyer warns.
The Fair Work Commission has praised an HR team's response to a "verbal assault" at a work-related function that ultimately resulted in an employee's dismissal.
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.
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.
