There was no reason to grant an employer's appeal against a finding that it sacked an employee who had already resigned, a full bench of the Fair Work Commission has found. But in the same decision, it has more than doubled the amount of compensation payable for the unfair dismissal.
It was reasonable for an employer to be concerned about an employee's criminal charges and their potential implications for its female workers' safety, but it wasn't fair to dismiss him over them, the Fair Work Commission has ruled.
A manager held concerns about an employee's performance "well before" he complained about micromanagement, the Federal Circuit Court has accepted, in dismissing an adverse action claim.
The "shaming and belittling language" an employee used at work was unjustified, regardless of his beliefs about appropriate attire and conduct, the Fair Work Commission has ruled.
Difficulties in ensuring an injured employee adhered to his return-to-work plan "could and should have been avoided", but this didn't give him no choice but to quit, the Fair Work Commission has ruled.
It was "premature" to sack an employee for failing to attend work, when just days earlier he was corresponding with the employer about his return, the Fair Work Commission has found.
Sacking an employee for breaching a company policy was unfair, the Fair Work Commission has found, in circumstances where there was no evidence she'd received specific instructions, and where she'd previously been "acclaimed" by co-workers for the same conduct.
An HR investigation into a workplace incident was "too narrow" and resulted in a flawed process, the Fair Work Commission has ruled in unfair dismissal proceedings.
An HR manager's incorrect advice regarding the entitlements an employee would receive if he quit wasn't intended to force his hand, the Fair Work Commission has found.
It was reasonable not to award a sacked leader backpay along with her reinstatement, because she received a "very substantial" termination payment and made only "minimal efforts" to mitigate her loss, a Fair Work Commission full bench has ruled.
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.
