A "rude" employee could have provoked "a much more robust" response from managers, but instead they remained calm, considerate and professional, the Fair Work Commission has ruled in stop-bullying proceedings.
The first penalty issued under whistleblower laws reinforces the importance of prioritising compliance and fostering a culture that supports reporting, according to a workplace lawyer.
In upholding the sacking of a worker accused of defrauding his employer of $12, a Fair Work Commission member denied him procedural fairness, a full bench has ruled.
Frustration of an employment contract in circumstances of illness or injury "is a difficult concept to establish", a Fair Work Commissioner has noted, in clearing a worker to pursue his unfair dismissal claim.
"Human resources could have intervened more effectively" when an employee's concerns about her performance rating continued to escalate, the Fair Work Commission has found.
A Fair Work Commission full bench has clarified when the end of a fixed-term contract might constitute a dismissal, finding that a conditional "promise" of ongoing employment wasn't a contractually binding offer.
A senior HR advisor's disciplinary process was unnecessarily lengthy and beset with "obvious problems", but that didn't outweigh that she had breached the employer's code of conduct, a commission has ruled.
Polling other workers about whether to "cut and run" or "stay and fight" after making a stop-bullying application warranted disciplinary action, the Fair Work Commission has ruled, in rejecting an employee's request for an interlocutory injunction.
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.
