An employer unlawfully discriminated against a candidate with borderline personality disorder when it decided not to hire him without properly investigating whether he could perform the inherent requirements of the role, a tribunal has ruled, while another unsuccessful job applicant has been cleared to claim race discrimination.
The Fair Work Commission has found an employer wasn't entitled to dismiss a worker who posted a "crude and immature" Facebook comment during work time, noting that offensive language is "increasingly part of the common vernacular". In other news, research shows employers should encourage personal networking despite the risks; a leadership program aims to boost C-Suite diversity; and more.
A YouTube video that highlighted an employee's "flippant" regard for his work duties had the potential to damage his employer's reputation, and warranted dismissal, the Fair Work Commission has found.
An employer that failed to comply with its consultation obligations when making an employee's role redundant didn't unfairly dismiss him, the Fair Work Commission has ruled.
Employers can effectively prevent or settle employee claims with deeds of release, but when using them should be mindful of their limits, a lawyer warns.
An employer has been ordered to pay more than $15k to a manager whose redundancy was found to be an unfair dismissal because it failed to consider redeploying her.
Recruitment trends that increase focus on a candidate's personality and presentation are compromising organisations' abilities to source top talent, organisational experts warn.
An employer did not take unlawful adverse action against a worker when it changed his employment conditions after he knocked back shifts to attend a family holiday, the Federal Circuit Court has ruled.
An employer didn't take unlawful adverse action in dismissing a psychologically injured employee for failing to attend a medical appointment, a court has found. Meanwhile, employer groups, politicians and unions are divided on penalty rates and minimum wage increases, and more.
The low proportion of employers achieving productivity gains through enterprise bargaining, and the amount of time it takes, suggest the process could be improved, an employment lawyer says.
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.
