An employer has failed to argue it "broadly complied" with redundancy consultation obligations, with the Fair Work Commission saying the steps it took could "never constitute meaningful consultation".
A redeployment offer that added nearly two hours to an employee's daily commute was reasonable, the Fair Work Commission has ruled in reducing his redundancy pay. Also in this article: a roundup of recent dismissal cases; and other compliance developments.
In a case that illustrates the perils of growing "weary or impatient" when trying to follow a fair termination process, the FWC has upheld a "confrontational" employee's unfair dismissal claim.
An employer has to pay a casual employee maximum compensation for unfair dismissal, after asking her to work unpaid extra hours because she received JobKeeper while on sick leave.
The Fair Work Commission has handed down important rulings for employers on calculating overtime rates for casual employees, and what constitutes regular and systematic employment.
Dismissing an employee who had been absent for more than two years was unfair, the Fair Work Commission has ruled, because the employer lacked evidence he would be unable to perform the inherent requirements of his role in the future.
It was reasonable for an employer to contact an employee while he was on sick leave after a Facebook post implied he'd caught COVID-19 from a client, the Fair Work Commission has found in dismissing his stop-bullying claim.
A ruling that an out-of-hours fight between colleagues was not sufficiently connected to work to warrant an employer's disciplinary action sends a big warning ahead of end-of-year events, a workplace lawyer says.
The funder of two class actions no longer has to provide security for costs in case it loses, after a full Federal Court overturned a landmark decision.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
