Employee resignations are on the rise, and so are disputes about whether they are genuine, or constructive dismissals. This Q&A discusses protective and preventative steps employers can take.
An employee who was "coasting along" under a remote manager has successfully challenged his dismissal, on the basis he was never properly warned that his performance wasn't up to scratch.
Research the FWC is using to inform its award flexibility proposals suggests employees should have a right not to work from home. Also in this article, a new Australian study outlines optimal working from home conditions.
A manager should have better controlled his "easily triggered" temper, the Fair Work Commission has said in upholding his dismissal for verbally abusing a female colleague.
Making employment laws fit for purpose will require much more than "tweaks", and already there appears to be a lost opportunity for input beyond the "usual suspects" with entrenched views, an IR heavyweight says.
An employee's opportunity to respond before he was sacked for serious misconduct was too "narrow in scope", an FWC full bench has ruled, while nonetheless upholding the dismissal as fair.
HR's challenges around remote and flexible working will continue to develop in 2021, while compliance is an area that "will come back with a vengeance", an employment lawyer says.
Two managers could have handled certain situations better, according to the Fair Work Commission, but it has stopped short of granting stop-bullying orders to an employee who claimed he was "insulted and humiliated" by them.
The fact that a psychological assessment process lacked transparency was not enough to render an employee's dismissal unfair, the Fair Work Commission has ruled in rejecting an employee's appeal.
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.
