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.
The Fair Work Commission has delivered a scathing rebuke to an employer that failed to consult with a worker about making her role redundant while she was recovering from cancer.
An employer has successfully defended a claim from an HR team member whose role was made redundant soon after he filed a bullying complaint, in a case that shows businesses shouldn't fear the general protections laws when they have a legitimate reason for termination.
Mishandling a workplace investigation is one of the surest ways for your organisation to end up defending an employee claim. Watch this webcast to understand how to investigate misconduct allegations while minimising your legal exposure.
Persistently difficult employees should be given a right to respond to misconduct allegations before dismissal decisions, even in cases where it seems doing so won't make a difference, the Fair Work Commission has highlighted.
A recent unfair dismissal finding against an HR and recruitment consultancy highlights the need for proper process even in seemingly clear-cut cases of misconduct.
Employees facing criminal charges are "more common than you'd think", according to a legal expert, who advises simple rules for employers to follow in determining a course of action.
In a webinar on 17 September, learn how to conduct a procedurally fair investigation, and make decisions that will stand up to scrutiny. Premium members should click through to request a pass, while free subscribers can upgrade their membership level here for access.
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.
