Evidence that an HRBP actively tried to help resolve an employee's issues with a colleague's behaviour has helped an employer defend a constructive dismissal claim.
"Knowingly and repeatedly" flouting directions not to catch up on work after hours amounted to serious misconduct, the Fair Work Commission has ruled in rejecting an employee's unfair dismissal claim.
"Expedition and informality" are desirable in industrial relations litigation, but when it comes to termination settlements, "there can be no substitute for clearly recorded written terms of agreement", a commission has highlighted.
After his unreasonable actions caused an employer to spend $29k defending an unfair dismissal case, a paid agent has unsuccessfully argued for a stay of a costs order pending the outcome of his appeal.
Despite an employee's "extensive" disciplinary history, a Fair Work Commission appeal bench has rejected arguments that his behaviour indicated he was unwilling to comply with workplace policies, and ordered his reinstatement.
An HR business partner's "minimal understanding" of the policy relied on to sack an employee "significantly" undermined the fairness of the dismissal, the Fair Work Commission has ruled.
An unexplained absence from work constituted abandonment of employment even though the employee was experiencing "extreme" mental health issues, the Fair Work Commission has ruled.
A workplace complaints process required some "reasonably painful bureaucratic steps", but it didn't leave an aggrieved employee with no option other than to resign, the Fair Work Commission has ruled.
Performance conversations that weren't as "overt" as they could have been contributed to an employee's confusion regarding the reasons for her dismissal, but her employer's decision wasn't unlawful, the Fair Work Commission has ruled.
A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
