As employees become increasingly litigious, adverse action claims continue to present a major risk for all employers. Watch this HR Daily Premium webcast to understand current trends in general protections disputes, risk mitigation strategies, and more.
An employer has failed to defend sacking a worker who made "s-xist, misogynist and racist" posts in a private Facebook group, after the Fair Work Commission found it treated him "substantially differently" to a colleague.
An employee who created a private Facebook group where colleagues would "take the p-ss" out of each other and share inappropriate content has failed to prove his dismissal for posting p-rnographic videos was unfair.
A senior employee, who said he struggled to recognise the line between friendships and intimate relationships because he was autistic, has failed to prove he was unfairly sacked for s-xual harassment.
The Federal Circuit Court has criticised an HR manager's decision to sack an employee rather than deal with the "dilemma" of her bullying allegations, and fined him $7.6k.
An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.
An employee may have been "justifiably irate" by managers' alleged bullying behaviour towards her, but their actions were "not so significant" that they forced her to resign, the Fair Work Commission has ruled.
It was open to conclude an employee lacked the necessary interpersonal skills for her role, but her employer has nonetheless failed to prove its dismissal decision wasn't prompted by her workplace complaints.
An employee who threatened to make a general protections claim if her employer didn't agree to her separation terms was not forced to resign, the Fair Work Commission has ruled.
Employers that erase employees' devices following terminations could be robbing themselves of valuable evidence in the event of an unfair dismissal claim, a lawyer says.
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.
