In an important ruling on employers' rights to have legal representation in unfair dismissal hearings, the Fair Work Commission has found the HR department of a major retail company had "ample qualifications" to represent itself without a lawyer.
The Fair Work Commission has clarified which factors it will – and won't – take into account when determining whether to reinstate a worker who wins an unfair dismissal claim.
A manager who ran her office like a private business - making payments to herself and others without regard to her employer's procedures - committed serious misconduct, a court has ruled, finding the "cumulative effect" of her breaches justified dismissal.
An employee who was fired for sending an anti-Muslim email at work has been awarded almost $29,000 in compensation, after the Fair Work Commission found his termination was harsh and unreasonable.
An employer that failed to conduct "frank and transparent" performance reviews, or promptly deal with behavioural issues, gave up its right to summarily dismiss two workers for bullying, the FWC has ruled.
The Fair Work Commission has warned an HR department against taking a "scattergun" approach when making allegations of misconduct, urging it to instead focus on "key" breaches.
Do your organisation's HR practices minimise the risks and impact of psychological injuries? Do your managers respond appropriately when issues are raised, to defuse conflict early and with minimal disruption?
The Fair Work Commission has chided an employee for forwarding an email containing confidential information about an internal investigation, but overturned the employer's decision to give him a final written warning.
The High Court's ruling that Australian contracts do not impose a duty of trust and confidence is a welcome one for employers, but not a green light to ignore their own policies and procedures, an employment law specialist 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.
