It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.
Secretly working in a second job and being dishonest after it was discovered constituted serious misconduct, the Fair Work Commission has found in upholding an employee's summary dismissal.
Blaming a general manager for stalling a redundancy consultation process, when the purpose of any further discussion remained "opaque", was "self-serving and disingenuous", the Fair Work Commission has ruled.
Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
The Fair Work Commission has considered in detail what constitutes sexual harassment, and what doesn't, in upholding the dismissal of an employee who denied his messages about "love" and requests for a date had any sexual element.
The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
The importance of complying with a direction didn't justify the "obstinate rejection" of an employee's explanations for not doing so, the Fair Work Commission has found in ordering her reinstatement.
Advertising for new roles didn't undermine an employer's genuine redundancy defence to a people and culture officer's unfair dismissal claim, the Fair Work Commission has found, in rejecting that any of those positions were suitable for her redeployment.
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.
