An employer has failed to temporarily block the reinstatement of a sacked employee who it believed posed a "serious" health and safety risk to its workplace.
A manager's dismissal for poor performance was "unnecessarily abrupt", the Fair Work Commission has found, particularly as he was led to believe he was "on track" to meet his PIP objectives.
A senior employee should have known that his occasional rudeness might impact a colleague, but his behaviour didn't rise to the level of bullying, a court has ruled in awarding him $368k for wrongful dismissal.
Failing to consult an absent employee about a change to her start times was a sign of "management incompetence", and not an intention to end her employment, the Fair Work Commission has ruled.
An employer that sacked a senior executive for muttering "offensive" words during an out-of-hours incident has been ordered to pay him $1.5 million in damages and compensation.
An HR business partner, who was chosen for redundancy because she was "a little bit emotional when dealing with conflict" and not confident in her English-speaking skills, has lost her unfair dismissal claim.
A Fair Work Commissioner's tolerance for a sacked employee "evaporated" when she failed to meet relevant case deadlines, and he said her lack of attention to detail supported her employer's many dismissal reasons.
An employer's failure to intervene with mediation in a workplace conflict that culminated in an employee's sacking didn't make his dismissal unfair, a commission has found.
An HR general manager thought it would be "insulting" to offer a retrenched employee "lesser" roles due to his skills and experience, but failing to at least have this conversation made his dismissal unfair, the Fair Work Commission has found.
After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.
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.
