An employee's "naïve belief" that he could unilaterally decide when he would return to his workplace was a valid reason for dismissal, but his employer's "severely flawed" process made it unfair.
HR has never been so challenged, important and busy, with no signs of slowing down. In this webcast, a lawyer discusses the most pressing issues HR professionals are likely to face during 2021 and how to prepare for them.
Little action has occurred on the national s-xual harassment inquiry's recommendations, but employers may find new guidance "illuminating", a workplace lawyer says.
Uber Eats' new contracts have been criticised for 'gagging' workers from speaking out about the company and its practices. Also in this article, a new HR consultancy has opened its doors; another underpayments enforceable undertaking; and more.
The pandemic has increased the number of workers engaging in secondary work or 'side gigs', with serious implications for employers. This Q&A addresses critical policy and practice considerations.
An employee breached her duty of fidelity to her employer by running a business that directly competed with it, the Fair Work Commission has ruled in finding her misconduct termination fair. Meanwhile, two other employees have lost similar unfair dismissal claims.
The Full Federal Court's ruling in Rossato v WorkPac is effectively a "warrant" for employees to double-dip on wages, and suggests "justice and the law... have parted company", the employer is arguing before the High Court.
An employee who has been jailed until 2026 over sexual assault has failed to convince the Fair Work Commission his unfair dismissal application should proceed. Also in this article, new case law on stand downs, rescinded resignations, and more.
An employer whose return-to-work plan gave an employee the impression he was being managed out of his job was not liable for related anxiety, insomnia and panic attacks, a tribunal has found.
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.