After assuring an HR practitioner that her continuity of service wouldn't be broken when she transitioned from permanent to casual, an employer has nonetheless defeated her subsequent unfair dismissal claim by relying on an 11-day gap between her contracts.
It was highly unlikely an employee would have been sacked if her employer had afforded her "basic procedural fairness", the Fair Work Commission has ruled, in awarding her maximum compensation for unfair dismissal.
A manager wasn't forced to resign due to "ongoing psychological safety hazards"; rather, she just didn't like working for the employer, the Fair Work Commission has found.
It wouldn't be "fair and just" for an employer to face an employee's discrimination claim, after it had already paid him compensation for unfair dismissal, a tribunal has found.
A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't sexual, a full bench has ruled.
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.
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.
