An employer has to compensate a 61-year-old construction worker after laughing at his job application and suggesting he wasn't physically up to the work. Also in this article, rulings on harassment, misconduct, adverse action; and Porter loses the IR Ministry.
An employer that failed to list its true reasons for sacking an employee in its termination letter has been ordered to compensate her for unfair dismissal.
An employer decided not to renew two workers' employment contracts because they made bullying complaints and enquired about their workplace rights, a court has found in upholding their adverse action claims.
An employer has been ordered to reinstate a worker it sacked for making racist remarks and calling a female colleague a "c-nt", after a commission found his long tenure and contrition mitigated his misconduct.
A court has rejected an employee's adverse action claims relating to her probation extension and dismissal, but has found she was entitled to seek compensation for an alleged unpaid entitlement despite its "modest quantum".
Probation and minimum employment periods are distinct concepts, but confusion between the two causes many workplace disputes. This Q&A sets out the difference, along with best-practice approaches.
A Fair Work Commission full bench has rejected an employee's unfair dismissal appeal, despite finding a Commissioner was wrong to "protect" him by refusing to admit certain medical evidence in the original hearing.
Psychological injury risks and mental health issues are receiving heightened levels of HR attention in light of pandemic-related stresses and remote working. This webcast discusses employers' legal obligations in this space, including reasonable adjustment considerations and implications for managing work processes.
The Fair Work Commission has rejected an employer's claim that a casual worker, found to have an expectation of ongoing employment, only deserved to be compensated for one shift after being sacked for misconduct.
An employee who said she'd escalate allegations of s-xual harassment if her employer wouldn't sign a deed of release didn't repudiate her employment contract, the Fair Work Commission has found.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.