An employer's "textbook" performance management process has helped it defend an unfair dismissal claim, with the Fair Work Commission rejecting the employee's claims that system errors and team-wide backlogs explained his shortcomings.
No amount of turnover in an HR team could explain the "grossly excessive" time it took to act on a recommendation to terminate a suspended employee, the Fair Work Commission has criticised.
It wasn't unreasonable or unjust to find a long-serving employee's "sheer number of absences" weighed in favour of his dismissal being valid, a Fair Work Commission full bench has ruled.
Although an employee became "disillusioned" during her performance management, the process was fair, and she had options other than agreeing to terminate her employment, the Fair Work Commission has found in rejecting her unfair dismissal claim.
An employee's misconduct didn't involve "innocuous indiscretions", as he claimed, but rather a pattern of inappropriate and careless behaviour, the Fair Work Commission has ruled in unfair dismissal proceedings.
An employee was "playing games" with his employer when he ignored its messages and refused to comply with directions, the Fair Work Commission has found, in ruling he was fairly sacked for misconduct.
An employee doesn't have to correctly identify an employer to make a valid general protections claim against it, a Fair Work Commission full bench has affirmed.
It wasn't reasonable to require an employee to "identify feelings within himself and how they may present in others" as part of a performance improvement plan, the Fair Work Commission has ruled in unfair dismissal proceedings.
Failing to give an employee even a "brief opportunity" to provide evidence of her current and future fitness for work made her dismissal unfair, the Fair Work Commission 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.
