An "argumentative and difficult" employee with a history of misconduct was unfairly sacked partly because his employer advised him of its decision via email, the Fair Work Commission has ruled.
The Fair Work Commission has rejected an employee's arguments that an HR manager 'forced' him to sign a settlement deed and that he should be able to pursue an unfair dismissal claim.
The Fair Work Commission has rejected that an employee should have been aware his performance was below the required standard because his manager had daily informal discussions with him about targets.
Honesty and cooperation following workplace misconduct isn't "noteworthy" behaviour that mitigates its seriousness, the Fair Work Commission has ruled in rejecting an unfair dismissal claim.
A workplace relations specialist has successfully defended ACCC allegations that it misled consumers into believing it was affiliated with Fair Work agencies and misrepresented the primary function of its helpline.
An employer accused of taking sides when a workplace affair went sour was in fact "amenable, flexible and considerate", the Fair Work Commission has found in rejecting a constructive dismissal claim.
More organisations are recognising how a 'speak-up culture' can help mitigate bullying, harassment and other workplace misconduct, but efforts to build them tend to fall down at a crucial point.
An employee has been awarded $45k in damages after her informal complaint about sexual harassment was escalated without her knowledge, triggering a sequence of events that included defamation and victimisation claims.
Temporary changes to help employers manage pandemic conditions have been extended in 74 awards, but one remains in dispute. Also in this article: the impact of bystander action on bullying; and the scammers now targeting HR professionals.
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.
