An employer should have considered disciplinary action other than dismissal when a long-serving worker breached its dr-g and alcohol policy, the Fair Work Commission has ruled in ordering his reinstatement.
An employer accused of vicarious liability for an employee's sexual harassment has failed to have her claim struck out on the basis that it was prejudiced by the historical nature of her allegations.
An employee's "vigorous pursuit" of and perceived entitlement to flexible work arrangements were misplaced, a commission has ruled in finding an employer acted reasonably in rejecting her "unfettered demands".
An employee has failed to prove he was unfairly sacked for abusive conduct, despite the Fair Work Commission finding the HR team's investigation and workplace training processes were "obviously inadequate".
An employer made "no genuine attempt" to negotiate an employee's flexible work request, when agreeing to it would have benefited its business, the Fair Work Commission has found.
The Fair Work Commission has recommended a chief HR officer be referred to the police for knowingly providing false and misleading information to support an enterprise agreement's approval.
An HR business partner has defended claims she failed to support an overwhelmed manager, with the Fair Work Commission finding she often acted as a "sounding-board" and tried to help improve her performance.
A senior employee's "entirely unhelpful and disruptive intervention" in an employer's efforts to trial a four-day work week wasn't serious misconduct that warranted summary dismissal, according to the Fair Work Commission.
A part-time worker trying to claim he was dismissed after exercising his protected right to complain about his pay was a contractor, not an employee, the Federal Circuit Court has found.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
