Two employees who breached their employment contracts by discussing a colleague's new salary have won maximum compensation for unfair dismissal, after the Fair Work Commission found their conduct was "not sufficiently serious".
What constitutes 'reasonable hours' remains undefined in workplace legislation, but a rise in litigation, alongside changing expectations, mean it's an area requiring more attention, a lawyer says.
An employer has failed to prove it had a legal right to demote a manager accused of misconduct, with the Fair Work Commission finding this disciplinary action repudiated her employment contract.
An HR manager has failed to convince the Fair Work Commission that he couldn't have sacked a casual worker, who refused to attend an unpaid training session, as she never "officially" started in her role.
A recent dispute over a non-disparagement clause in a settlement deed shows "it's really important to get language right" when drafting these agreements, a lawyer says.
An "unusual" case highlights the importance of ensuring commonly used settlement-deed clauses accurately reflect both parties' intentions upon separation, according to a lawyer.
A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".
An employer didn't dismiss an HR administrator when it told her to stop referring to herself as an HR manager, the Fair Work Commission has ruled in rejecting this was a "demotion" that breached her employment contract.
Award changes giving overtime rates to a group of workers who weren't previously entitled to them are unlikely to impact many employers, but a provision excluding managers reinforces the importance of making that distinction clear in contracts.
An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.
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.
