Organisations making urgent lay-offs must still comply with their consultation requirements, the Fair Work Commission has highlighted, in rejecting that an employer had no time to consult before making a role redundant.
Even if it's impossible for an employer to change a decision about planned redundancies, it must comply with its consultation obligations, a workplace lawyer says. Meanwhile, an enterprise bargaining specialist says it's never been more crucial for employers to have skilled negotiators at the table.
An employer took appropriate steps to ensure an unwell employee was "sound of mind" before accepting his resignation, a Fair Work Commission full bench has found in upholding its constructive dismissal appeal.
The Fair Work Commission has criticised an employer for requesting a stay of an unfair dismissal compensation order, after it failed to comply with the payment deadline.
In appealing an unfair dismissal ruling, an employer has unsuccessfully argued that prohibiting an employee from working after she resigned was a "reasonable operational decision".
It was unreasonable to summarily dismiss an employee for stealing food from her workplace, without unequivocal evidence that she didn't intend to pay for the items she ate, the Fair Work Commission has ruled.
A sacked employee has won reinstatement despite his employer's objections, with the Fair Work Commission accepting he could continue advocating for his jailed partner without adversely affecting its reputation.
Ongoing punctuality and performance issues gave an employer valid reasons to dismiss an employee, but its process was flawed because she had to respond to them "on the spot", the Fair Work Commission has found.
The Fair Work Commission has rejected that an employee was forced to resign due to unaddressed psychosocial risks, finding her employer was "supportive" and acted in a "timely and comprehensive manner".
The Fair Work Commission has berated an employee, who continued to use AI tools to prepare his general protections claim after being warned his submissions were "incoherent" and misleading.
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.
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