An employee who argued she was "doomed to fail" has lost her unfair dismissal claim. Also in this article, the top complaints managers make about summer workplace behaviour; "fascinating" findings about workaholics' engagement; employees disconnected to purpose and values; and more.
Informing HR managers of a worker's Asperger's diagnosis was reasonable management action, a commission has ruled in finding an employer not liable for his psychological injury.
An employer has faced down a claim from an unsuccessful candidate who argued the company's "soft target" of offering 50 per cent of available roles to women discriminated against him.
The Fair Work Commission has ordered an employer to reinstate a worker who was sacked for s-xually harassing a female trainee, after it found the trainee's evidence was unreliable.
An employer has successfully sought an order to access an employee's phone records, following a dispute about whether he accessed p-rn on his company-provided device. Also in this article, a roundup of recent dismissal rulings; and new research on end-of-year celebrations, wage theft, disability inclusion, and more.
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.
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.
