Employers appear to be taking considerable risks in the way they manage discipline and dismissals, with a lawyer warning that shortcuts often lead to more complexity and litigation, not less.
An employee who had asked to reduce her hours while she attempted to manage some personal issues was not dismissed when she was subsequently left off the employer's roster, the Fair Work Commission has found.
An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.
An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.
It was "highly inappropriate" for an employee to secretly record a meeting about remarks he had made threatening his employer's reputation, the Fair Work Commission has found.
An employee has failed to prove a colleague concocted a "malicious lie" about a single workplace incident so she could have his job, with the Fair Work Commission finding his serious misconduct dismissal was fair.
Reducing an HR manager's responsibilities after she complained about her excessive workload did not amount to a constructive dismissal, the Fair Work Commission has ruled.
An employer had a right to make operational changes that led to a redundancy, even if the impacted employee considered them "bad, or wrong" decisions, the Fair Work Commission has held.
An employee's criticisms of her dismissal process did not outweigh the fact she engaged in serious misconduct by knowingly altering crucial information on forms submitted for Government funding, the Fair Work Commission has ruled.
In a case that highlights the risk of having "complex" workplace policies, the Fair Work Commission has found an employee's valid dismissal for deleting data off her work phone was harsh.
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.