An employee sacked for misconduct has won an appeal against his dismissal due to flaws in the investigation, which included "inexplicable and unconscionable delay".
Many redundancy decisions put on hold by JobKeeper 1.0 are now back on the agenda, and a lawyer warns that making fair, defensible decisions about who to select and why will take some careful consideration.
The Fair Work Commission has upheld an employee's unfair dismissal claim despite "some level of underperformance". Also in this article: new cases on 'reasonable management action', workplace investigations gone wrong, redundancies and more.
With JobKeeper 2.0 changes coming into effect later this month, an employment lawyer has answered questions from HR Daily Premium members about the new regime.
An employee who was "clearly" frustrated about his delayed return to work after an injury deserved to be dismissed for his derogatory comments to an HR manager, the Fair Work Commission has ruled.
The CEO of an HR services provider who was sacked for serious misconduct is claiming her dismissal was unlawful adverse action. And IBM is backpaying its employees more than $12m after failing to ensure its annualised salary arrangements complied with all relevant modern awards.
Another employer has entered into a court-enforceable undertaking to avoid prosecution, backpaying more than $8 million to 1,238 workers, with more to come.
An employer and its two directors have been ordered to pay a worker more than $142k in penalties and unpaid wages, with the Federal Circuit Court labelling them "captains on what was a very poorly crewed vessel". In related news, another employer must pay a worker $78k.
An employee suffered a psychiatric injury as a result of a 15-minute "catch up" meeting, but while the manager's approach wasn't "perfect", it was not unreasonable, a commission has ruled.
Coles has failed on appeal to convince a court that it should not have to bear the costs of defending claims brought against it by a labour hire workers.
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.
