An employer's "textbook" performance management process has helped it defend an unfair dismissal claim, with the Fair Work Commission rejecting the employee's claims that system errors and team-wide backlogs explained his shortcomings.
A recent Federal Court ruling heightens employers' obligations to take s-xual harassment complaints seriously, even when there's no witnesses to the alleged conduct, a lawyer says.
No amount of turnover in an HR team could explain the "grossly excessive" time it took to act on a recommendation to terminate a suspended employee, the Fair Work Commission has criticised.
It wasn't unreasonable or unjust to find a long-serving employee's "sheer number of absences" weighed in favour of his dismissal being valid, a Fair Work Commission full bench has ruled.
Although an employee became "disillusioned" during her performance management, the process was fair, and she had options other than agreeing to terminate her employment, the Fair Work Commission has found in rejecting her unfair dismissal claim.
An employer isn't liable to compensate an employee who suffered a psychological injury after being informed of an "inappropriate behaviour" complaint against him, a tribunal has affirmed.
An employee's misconduct didn't involve "innocuous indiscretions", as he claimed, but rather a pattern of inappropriate and careless behaviour, the Fair Work Commission has ruled in unfair dismissal proceedings.
An employee was "playing games" with his employer when he ignored its messages and refused to comply with directions, the Fair Work Commission has found, in ruling he was fairly sacked for misconduct.
There was "no element of capriciousness involved" when an employer reduced an employee's hours, the Fair Work Commission has found in stop-bullying proceedings.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
