In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Employers are not expected to be "mind readers" about the workplace adjustments required by workers with disability, a tribunal has noted in dismissing a disability discrimination claim.
A worker accused of sleeping on the job has been awarded $15,500 after a court found her employer had not closely followed the three-strike disciplinary procedure of its enterprise agreement.
Employers are occasionally tempted to "get tricky" with the Fair Work Act's support person provisions, but a workplace lawyer warns that cutting corners in an attempt to expedite disciplinary matters can come back to bite them.
Engaging independent contractors used to be "relatively easy", but the contract clauses that previously protected organisations from contractor claims are not as defensible as they once were, according to Ashurst senior associate, Taboka Finn.
Casuals, contractors, labour hire and fixed-term employees can be a valuable asset to an organisation - or its biggest risk. Watch this webcast to understand which factors to consider when deciding to engage the various types of contingent workers; and more.
With an increasing number of executives disputing dismissal decisions via the Fair Work Act's adverse action provisions, rigorous termination processes have never been more important, according to employment lawyer Murray Procter.
Organisations with overseas ownership, and those that send employees to work in other countries, often get caught out by employment laws for failing to provide the correct entitlements, according to employment lawyer Rick Catanzariti.
When can employers reject an application for voluntary redundancy? Can employers include 'organisational fit' in their redundancy selection criteria? And how can employers prove workplace conflict issues didn't influence their redundancy decisions?
A lot of recent litigation following redundancies has hinged on whether redeployment was a viable option, and HR professionals must consider a growing number of factors in deciding whether or not redeployment is a "reasonable" substitute, according to employment lawyer Murray Procter.
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.
