In condoning misconduct worthy of summary dismissal by not acting on it at the time, an employer "deliberately abandoned" its right to use the behaviour to justify termination, the Fair Work Commission has ruled.
A court has rejected that a date error in an employee's resignation rendered it invalid, while granting an employer an injunction restraining him from working for a potential competitor.
The Fair Work Commission has questioned an employer's lack of insight into its contingent workforce, while stressing an obligation to redeploy redundant labour hire workers to its new project prior to engaging others.
An employee was dismissed for effectively advertising her own job on LinkedIn, not because she had bipolar disorder and made bullying complaints, a court has ruled.
It was "ludicrous" for an employee to argue a joke towards a colleague wasn't racist and didn't warrant dismissal, the Fair Work Commission has ruled in upholding his dismissal. Also in this article: new misconduct rulings, and more.
An employee who blamed his psychological condition on a transfer knockback, punitive performance management and a written warning was not treated unfairly, a tribunal has found.
An employer's decision to dismiss two employees over past conduct that had been addressed and not repeated was "plainly untenable and indefensible", the Fair Work Commission has ruled.
An employer's belief that an employee should have been coping better with a former colleague's death showed an "old world (and dangerous) view of male stoicism", the Fair Work Commission has ruled in ordering compensation for his unfair dismissal.
Employers should be on notice that restraint of trade disputes are likely to rise this year, with a lawyer warning that exiting employees need firm reminders about their post-employment obligations.
Employers are taking far too long to complete bullying investigations, and their lack of a systematic approach is eroding employees' confidence and exacerbating workplace culture issues, a specialist says.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
