In analysing what constitutes a constructive dismissal, the Fair Work Commission has found an employee's resignation following misconduct allegations amounted to termination at her employer's initiative.
When a workplace is s-xualised with inappropriate behaviour, it can "contaminate and distort" the atmosphere between colleagues, a high-profile investigation has found. Also in this article, new rulings on redundancy and dismissals; research on young professionals; and more.
In this HR Daily webinar, an employment lawyer will examine restrictions on executive pay, bonuses and termination payments; enforcement of notice periods and garden leave; post-employment restraints; and more. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.
An employee who complained senior managers bullied and harassed him has failed to prove his contract was breached when his employer failed to follow its grievance resolution procedure.
The Fair Work Commission has found an employer had a valid reason to sack an employee just days before he returned from medical leave, after he repeatedly refused to hand over covert workplace recordings to assist a bullying investigation.
The Federal Court has rejected an employer's claim that 14 employees weren't entitled to redundancy pay because their dismissals were due to the "ordinary and customary turnover of labour".
An employer whose dismissal process was described as involving a plethora of deficiencies has won an appeal against reinstating the worker it sacked for swearing at and threatening his colleagues. Also in this article, a roundup of recent dismissal rulings; new submissions on extending the Fair Work Act; the extent of workplace boredom; and more.
An employer displayed "considerable irony" in sacking an employee for workplace policy breaches while failing to follow its own investigations procedure, the Fair Work Commission has found.
An employer that stood down a worker facing criminal charges, then sacked him for being absent from work for too long, has been ordered to reinstate him.
The Fair Work Commission has cast some doubt on which employees can be considered "award-free", employment lawyers warn. Also in this article, a record number of workplaces have received gender-equality recognition; skills shortages are the top threat to company growth; the national data breach scheme begins today; and more.
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.