It was fair to sack a manager who engaged in excessive criticism of staff, to the point of bullying and harassment, the Fair Work Commission has ruled.
An employer decided to make an employee's role redundant three months before it consulted with her, the Fair Work Commission has found, in ordering it to pay $19k for unfair dismissal.
An employee who complained about workplace s-xual harassment and victimisation was a lower priority for an employer than the accused perpetrator, the FWC has noted, among other criticisms of an HR team's approach.
An employer displayed a "distinct lack of understanding" about its legal obligations regarding workplace sexual harassment allegations, and breached a clause in its enterprise agreement, the Fair Work Commission has found.
A 72-year-old worker denied casual conversion wasn't "the victim of a complex conspiracy", the Federal Circuit Court has ruled, in dismissing his general protections claim.
A Fair Work Commission member took the wrong approach when dismissing a sexual harassment dispute application on the basis it wasn't validly made, a full bench has found in upholding an employee's appeal.
A manager's comments and actions reflected her workplace's "command and control" environment and weren't unreasonable, the Fair Work Commission has found, in refusing to make stop-bullying orders.
When a manager discussed an employee's pregnancy with her colleagues without her consent she wasn't left with no choice but to resign, the Fair Work Commission has found, in dismissing her general protections claim.
Conciliation conferences have become less about hearing both sides of a dispute and much more focused on offers, so amendments designed to reduce the Fair Work Commission's workload should also be positive for employers, a workplace lawyer says.
Despite damaging her employer's reputation with clients, an employee would have had "reasonable prospects" of improving her performance if she'd been given the chance to do so, the Fair Work Commission has found in upholding her unfair dismissal claim.
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.
