Female employees should not have to tell their older superiors that they don't want to be sent salacious texts, the Fair Work Commission has stressed, in finding an employee's dismissal for sending "sexually loaded" messages to colleagues was fair.
The extent to which individuals, including HR professionals, may be found personally liable for workplace breaches continues to expand and change under Australian law. In this webcast a workplace lawyer discusses individual liability issues, including accessorial liability under the Fair Work Act; personal liability under anti-discrimination and adverse action provisions; and much more.
An employee has failed to argue that a "casual" conversation about transfers meant she was pressured to resign, among recent FWC rulings. In other news, the Commission has ordered a seven per cent increase to workers denied a pay rise for five years; workplace wellbeing programs might be failing men; and more.
An employee made false bullying allegations to deflect attention from her own behaviour, and was the "foolish and misguided choreographer of [her] own downfall", the Fair Work Commission has found in ruling her dismissal was fair.
The Fair Work Commission has accepted an employee told his manager to "f-ck off" without any reasonable justification, but found the "indecent haste" of his dismissal rendered it unfair.
An employee who slept on the job was unfairly dismissed, the Fair Work Commission has ruled, after finding the employer "blindsided" her during the workplace investigation.
In two new redundancy decisions, the Fair Work Commission has found HR wasn't obligated to inform an employee about subsidiary vacancies it was unaware of, and has approved an 85 per cent reduction in an employee's entitlement.
An employer that sacked a manager for his "problematic" communication style without prior formal warnings has been ordered to compensate him for unfair dismissal.
GM Holden, Mercer and American Express are among the employers recognised as driving widespread adoption of flexible working practices. Meanwhile the FWC has dismissed union objections to a workplace D&A testing proposal; Facebook's targeted job ads are under fire for discrimination; and more.
An HR manager's failure to investigate an employee's complaints about his performance management made his dismissal unfair, the Fair Work Commission has ruled.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.