An employee has successfully appealed a ruling that he was fairly dismissed for breaching his employer's harassment policy, arguing "significant tension" in the workplace mitigated the seriousness of his misconduct.
Broadening the FW Act definition of 'employee' would go some way to addressing lagging wage growth, employment law academic Ron McCallum says. Also in this article, an employer pays dearly for a confidentiality breach; a recap of recent case law; and more.
With industrial relations squarely back on the political agenda, and in the wake of recent court rulings, organisations can expect an unprecedented rise in employment-related class action claims.
The Fair Work Commission has awarded an employee the maximum compensation for unfair dismissal, after finding his employer's failure to follow its own disciplinary process was "puzzling".
The Fair Work Commission has rejected an employer's argument that a senior employee resigned from his role rather than being dismissed, finding it "highly improbable" he would forego a $97k bonus.
The enterprise bargaining landscape is constantly shifting, with implications for how HR professionals handle negotiations, consultation and communication. Watch this webcast for recent developments in EA approvals and tips for more successful negotiations.
The variety of decisions on whether to allow employers to be legally represented in employee claims reinforces the need for HR professionals to stay prepared to front the Fair Work Commission themselves, a lawyer says.
An employer will have to produce its workplace investigation report in defending a stop-bullying claim, with the FWC rejecting it was subject to legal professional privilege. Also in this article, an interim report on banking and finance misconduct places the blame squarely on incentives; research shows working fathers don't get enough support from employers; and more.
An employer had little choice but to sack a worker after giving him seven written warnings for insubordination and aggressive behaviour, the Fair Work Commission has ruled.
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.