An HR director's decision to sack an employee, who had taken more than 2.5 years' leave in a six-year period, was likely a breach of anti-discrimination laws, a tribunal has ruled.
An employer's response to workplace bullying "fell well short of adequate", but it gave an employee several reasonable alternatives to resignation, the Fair Work Commission has found.
An employer has failed to prove it made two roles redundant because it held a "genuine belief" that COVID was negatively impacting its business, with a court finding the timing of its decision was "inexplicable".
An employer's enquiry into a worker's serious privacy breach caused her psychological injury, but it was a "necessary first step" in a reasonable disciplinary process, a commission has ruled.
A long-serving employee who was legally advised to "hold off" on reporting criminal charges to his employer has lost his unfair dismissal claim, with the Fair Work Commission finding his code of conduct obligations were "unambiguously" clear.
As employees become increasingly litigious, adverse action claims continue to present a major risk for all employers. Watch this HR Daily Premium webcast to understand current trends in general protections disputes, risk mitigation strategies, and more.
An organisation-wide performance assessment was a "stressful exercise" for participating employees, but it was nonetheless "necessary", and reasonable, a tribunal has found in rejecting a psychological injury claim.
An employer has failed to defend sacking a worker who made "s-xist, misogynist and racist" posts in a private Facebook group, after the Fair Work Commission found it treated him "substantially differently" to a colleague.
An employee who created a private Facebook group where colleagues would "take the p-ss" out of each other and share inappropriate content has failed to prove his dismissal for posting p-rnographic videos was unfair.
A senior employee, who said he struggled to recognise the line between friendships and intimate relationships because he was autistic, has failed to prove he was unfairly sacked for s-xual harassment.
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.
