A proposal to introduce new federal anti-discrimination legislation is likely to have a zero net effect on workplaces, but does highlight the need for proper debate of how employers regulate employees' conduct, a law scholar says.
An employer that claimed it warned an employee about his conduct on multiple occasions before dismissing him, has undermined its reliance on a zero-tolerance policy to support its actions, the Fair Work Commission has ruled.
The Fair Work Commission has dismissed an application by three employees for "oppressive" interim stop-bullying orders. Also in this article, an employee loses her constructive dismissal appeal; an employer wins a dispute over PPL eligibility; and more.
"Significant fluctuations" in an employee's enthusiasm for redeployment were more problematic than minor flaws in his employer's processes, the Fair Work Commission has found, accepting his redundancy was genuine.
A Fair Work Commission full bench has cleared an employer to use CCTV footage to defend an unfair dismissal claim, despite an earlier finding that it had been unlawfully obtained.
A tribunal has ordered an employer not to sack a whistleblowing manager for at least three months, accepting he could arguably win an unfair dismissal action.
There remains much uncertainty and confusion around casual entitlements, but employers can take some basic steps to limit their exposure to 'double dipping'.
The Fair Work Commission has put an employer on notice following an "unbalanced" process that saw one employee sacked as a result of an argument, while the other wasn't even rebuked.
The Fair Work Commission has found that a "brutal" dismissal fell short of being harsh, because the employee had "clear and fair opportunities" to respond to the allegations against him.
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.
