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.
Dismissing an employee over the phone before the end of his performance improvement plan was fair, the Fair Work Commission has found, in circumstances where he hadn't ever met his sales targets.
After accusing an employee of misconduct because she'd complained about being forced to take annual leave, an employer then effectively dismissed her when it took her departure from work as a resignation, the Fair Work Commission has found.
The Fair Work Commission has rejected that an employee's fourth consecutive fixed-term contract was excluded from the Fair Work Act's limitations, finding he was dismissed.
It was fair to sack an employee for misusing his personal leave entitlement, the Fair Work Commission has found, in giving no weight to the medical certificate he obtained through an online service.
An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".
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.