An increasing number of senior leaders and probationary employees are lodging adverse action claims, but employers can take some simple steps to mitigate these risks, a lawyer says.
The Fair Work Commission has 'hinted' at a new approach to determining employment contract disputes, in an important ruling analysing whether a demotion was a dismissal, a lawyer says.
An employer has successfully argued that demoting an employee after a misconduct investigation did not constitute a dismissal, in a case with important implications for all employers.
A BHP employee has failed to convince the Fair Work Commission that a contract worker, upon hearing about a colleague's s-xual harassment claim, immediately fabricated another against him.
It was unreasonable to revoke an employee's flexible work arrangements and then sack her because she took extended periods of leave, the Fair Work Commission has ruled in ordering her reinstatement.
A manager who produced an "offensive" and factually incorrect template letter when her employer enquired about her coronavirus vaccination status was unfairly sacked due to procedural deficiencies.
An employee has failed to prove he was unfairly sacked for his out-of-hours assault of a subordinate, with whom he was having an affair, after arguing it didn't impact his work performance.
Setting up a rival company 'clearly destroyed' the confidence required in an employment relationship, the Fair Work Commission has found in upholding a summary 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.
