It was reasonable for an "empathetic" employer to propose disciplining a worker who failed to improve his poor attendance levels over several years, despite three absence management plans, a commission has found.
The timing of a worker's casual conversion request and an audit into his conduct, which led to his dismissal, was "too coincidental" not to be linked, the Fair Work Commission has ruled in awarding him three months' compensation.
An employer has failed to prove a worker's trial period didn't count towards her tenure, or that her redundancy was genuine, with the Fair Work Commission ordering it to pay her maximum compensation for unfair dismissal.
An employee who was told to delete his employer's number after refusing to disobey COVID health directions has successfully appealed a finding that he wasn't dismissed.
An employee who admitted being late to work every day for four years has failed to prove she was dismissed because she had threatened to bring "the largest s-xual harassment case in Australian history".
An employer should have considered performance management or a "significantly clear warning" after an experienced employee breached its policies, instead of moving straight to termination, the Fair Work Commission has ruled in ordering her reinstatement.
An employer had valid reasons to sack an employee who couldn't maintain constructive workplace relationships, but it unfairly failed to warn him his employment was at risk, the Fair Work Commission has ruled in awarding compensation.
The Fair Work Commission has rejected that an employee's domestic violence disclosure to HR triggered an "exponential" increase in performance conversations that led to his constructive dismissal.
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.
