The rejection of two workers' claims for unfair dismissal after they harassed a colleague "just as easily could have gone the other way", a lawyer says, highlighting how precarious these rulings can be.
Three workers who spent time congregating and socialising when they should have been working were unfairly dismissed, a commission has found in laying some of the blame with management.
A raft of new tribunal decisions are instructive for employers on how to manage bullying complaints and handle disciplinary action following employee misconduct.
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.
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.
