An employer might have an "arguable" appeal case against a finding it unfairly sacked an employee who engaged in a heated email exchange with his CEO, the Fair Work Commission has ruled.
In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
A Federal Court ruling has implications for enterprise agreements covering small workforces, while the High Court has refused to rule on a labour hire indemnity dispute. In other news, NAB has extended its DV policies; developing mindfulness is crucial to inclusive leadership; and more.
Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area.
Employers' BYOD policies do not often allow them to store and monitor employees' text messages, but employment lawyers suggest this is an area worth considering.
An employer's decision to sack a worker for serious misconduct would have been unfair were it not for facts that emerged immediately after his dismissal, the Fair Work Commission has ruled.
A high-profile reinstatement order for a worker dismissed for swearing at work has been stayed, on the basis of the employer's "arguable" appeal grounds. Also in this article, a recap of recent case law, and new research on the benefits of inclusion, the size of the gender pay gap, workspace design trends, demand for HR roles, and much more.
An employer that was unaware of an employee's diabetes, or how increasing his workload would affect him, has been found guilty of indirect discrimination.
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.