Despite initially offering voluntary redundancy as an option, an employer wasn't required to pay out a worker when it had acceptable redeployment alternatives available, the Fair Work Commission has ruled.
When an employee nearing the end of her parental leave was removed from her employer's systems and told current staffing levels were "sufficient", she was effectively dismissed, the Fair Work Commission has found.
The "primary motivator" for an absent manager's dismissal was his employer's belief he was falsifying his illness, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
In calling out an employer for failing to consult an employee about her redundancy, the Fair Work Commission has stressed the importance of having "some form of 'keeping in touch' system" during parental leave.
The informal approach an employer took to addressing an employee's "myriad" behavioural issues ultimately made his summary dismissal harsh, but the Fair Work Commission has nonetheless denied him any compensation.
Failing to update workplace policies was a "significant dereliction" of a manager's duty, but his employer's investigation flaws made his dismissal harsh, the Fair Work Commission has ruled.
Instead of accepting an underperforming employee's "gracious" resignation, an employer immediately and unfairly dismissed him for serious misconduct, the Fair Work Commission has ruled.
An employer sacked its new CEO because it believed he was complicit in removing board members from a meeting using "burly, tattooed men", and not because he made whistleblower disclosures, the Federal Court has found.
The Federal Court has provided some important clarification for employers regarding the whistleblower protection regime. This article also contains this week's news in brief.
An employee who "relentlessly pursued" a subordinate despite her repeated rejections has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour amounted to serious misconduct.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
