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.
An employer has failed to convince a tribunal that it should not be held liable for an employee's psychological injury claim because medical evidence showed she was a "heavy drinker".
The accusations against IR Minister Christian Porter highlight a raft of complex considerations for employers around handling s-xual assault allegations, along with the need for urgent action on last year's harassment recommendations.
An employee who says he joked about making a fraudulent compensation claim but had no intention of following through was unfairly dismissed, the Fair Work Commission has found, rebuking his employer for using a hasty investigation and flimsy evidence to bolster a "highly speculative" allegation.
An "unusual" unfair dismissal case highlights the potential risks employers face when trying to comply with strict whistleblowing laws and procedural fairness requirements during disciplinary matters, a workplace lawyer says.
Employers are receiving mixed messages about their COVID-19 vaccination rights, which could end up in a common law "battle", lawyers say. Also in this article, why proper HR is the solution to Parliament's s-xual harassment issue.
An employee who was "clearly" aggrieved by how her employer handled her post-injury return to work has failed to prove her redundancy was a "sham" to replace her.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.