An employee has failed to prove criticisms of his performance were "misconceived", with the Fair Work Commission finding his dismissal was fair, even though elements of his performance improvement plan were questionable.
It was "disgraceful" for an employer to retain a director on its board after substantiating s-xual harassment allegations against him, the Fair Work Commission has found.
A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.
An employee who couldn't return to her role after a traumatic workplace incident has failed to convince the Fair Work Commission her dismissal was unfair.
In dismissing the appeal of an employee sacked for code of conduct and privacy breaches, a Fair Work Commission full bench has rejected that the absence of an independent investigation rendered an employer's termination process unfair.
Organisations making urgent lay-offs must still comply with their consultation requirements, the Fair Work Commission has highlighted, in rejecting that an employer had no time to consult before making a role redundant.
Even if it's impossible for an employer to change a decision about planned redundancies, it must comply with its consultation obligations, a workplace lawyer says. Meanwhile, an enterprise bargaining specialist says it's never been more crucial for employers to have skilled negotiators at the table.
An employer took appropriate steps to ensure an unwell employee was "sound of mind" before accepting his resignation, a Fair Work Commission full bench has found in upholding its constructive dismissal appeal.
The Fair Work Commission has criticised an employer for requesting a stay of an unfair dismissal compensation order, after it failed to comply with the payment deadline.
In appealing an unfair dismissal ruling, an employer has unsuccessfully argued that prohibiting an employee from working after she resigned was a "reasonable operational decision".
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.
