A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Watch this HR Daily Premium webcast for an up-to-date review of the legal framework and key rulings.
General protections breaches "should never be treated as an acceptable risk of doing business", a Federal Circuit Court judge has stressed, in awarding about $90k to "a most difficult and challenging employee".
An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.
It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
When courts are considering who made a decision to dismiss or take other adverse action against an employee, and for what reasons, identifying and interrogating all decision-makers has become a "live issue", a workplace lawyer says.
A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
