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.
The Fair Work Commission has criticised an employer's investigation and subsequent dismissal of a worker for misconduct, saying its HR manager should have ensured a proper process was followed in its show-cause meeting.
A star employee's resignation can trigger a "highly personal reaction" from their manager, so HR has a real challenge in preventing behaviours that can hinder a smooth transition, employment lawyers say.
An employee who was sacked for refusing to perform aspects of a role he'd been redeployed to has won reinstatement to a different position, with the Fair Work Commission finding he was "simply the wrong person for the job".
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
