The Fair Work Commission has praised an employer's two-year process to help a worker return to his pre-injury role, finding it ultimately had a valid reason to dismiss him.
No worker should be sacked for following their doctor's advice before having a COVID-19 vaccination, a Fair Work Commissioner has said in ordering an employee's reinstatement.
In a decision that highlights the consequences of "haphazard" and "reactive" HR practices, the Fair Work Commission has allowed an employee to dispute his dismissal after finding his fixed-term employment unintentionally became permanent.
It was unfair to deny an employee the opportunity to discuss redeployment options, but her "hysterical" and "unbalanced" conduct during the consultation process made her redundancy genuine, the Fair Work Commission has ruled.
An employee has failed on appeal to prove that she shouldn't have been sacked for misconduct, after her mounting frustrations manifested in aggressive and insubordinate behaviour.
Despite assisting its workers into new jobs when a contract transferred to a different supplier, an employer has failed to prove it should not have to pay them redundancy entitlements.
An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.
Among key lessons from recent adverse action cases, an employment lawyer says it is critical for HR to document any decision-making process and be conscious of the timing around those decisions.
A mentally unwell employee has failed to prove her employer compromised her ability to return to work after she suffered a psychological injury, and that she was therefore unfairly dismissed.
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.
