An employer had a valid reason to sack a worker for belittling Facebook comments, but has been ordered to pay him $28k in compensation after HR made "significant" procedural errors.
An employer has been ordered to reinstate a worker it sacked for calling colleagues an offensive name, after the Fair Work Commission found dismissal was a disproportionate response to his misconduct.
An employer acted fairly when it summarily dismissed an HR manager who took her personnel file home and failed to return it, the Fair Work Commission has found.
The Fair Work Commission has criticised a manager for failing to deal with the "simple matter" of issuing warnings, finding an employee's dismissal for poor performance was unfair.
Paying the minimum period of notice specified in the Fair Work Act when a contract doesn't address the issue can expose employers to claims they breached "reasonable" notice obligations, an employment law specialist says.
In a webinar on 27 October, an employment lawyer will outline basic and high-level considerations prior to executive, medical and misconduct termination decisions; common traps to avoid in these scenarios; how to minimise post-termination risks; and much more. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.
An employer has failed to prove that documents from a s-xual harassment investigation were primarily created to obtain legal advice and shouldn't be made available to a dismissed employee.
An employer that allowed a worker to secretly check her manager's computer for p-rnography has been ordered to pay him $25k in compensation for unfair dismissal.
An employee who made Islamaphobic, crude and s-xist comments at work has had his unfair dismissal claim upheld, after the Fair Work Commission found the context rendered his misconduct less serious.
A worker who claimed he didn't have the skills to perform duties he refused has lost his unfair dismissal claim after his employer appealed. Meanwhile, new research shows how to stop employees 'mentally resigning' from their jobs; the evolution of 'smart' workplaces; and how recognition efforts boost retention.
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.
