In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.
When negotiating an employee's departure from an organisation, often the most successful settlements are where "both parties walk away unhappy", according to a lawyer.
When an employee's "defensive" actions during a workplace investigation prompted a client to request her removal from its site, her employer had no choice but to dismiss her, the Fair Work Commission has found.
A formal policy wasn't required for an employee to know that punctuality was important, but sacking him for being late to work "occasionally" was harsh, the Fair Work Commission has found.
Although a workplace had "clear" interpersonal conflict issues, an employer didn't facilitate a toxic environment that forced a manager to resign, the Fair Work Commission has found.
The finality of settlement deeds is being challenged more frequently by ex-employees, meaning employers often can't assume a dispute is "done and dusted". Watch this HR Daily Premium webcast to understand how to achieve mutually binding agreements, with minimal risk of further disputes.
An employer could have prevented its employee's removal from a site, and his subsequent unfair dismissal, if it had proactively addressed the performance and attendance issues its client raised, the Fair Work Commission has ruled.
It was "unrealistic" for an employee to believe he could return to work without attending an independent medical examination, given the employer's "serious" concerns about his mental health, a tribunal has ruled in rejecting his unfair dismissal claim.
A role that maintained an employee's salary and seniority was an "acceptable" redeployment offer, even if she viewed it as a "step backwards" in her career, the Fair Work Commission has found.
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.
