An employer has to reinstate a worker who described its customers online as "spastics and junkies", after the Fair Work Commission found dismissal was a disproportionate response to his misconduct.
A self-proclaimed workplace relations specialist that unfairly sacked an injured worker has won an application to ban a decision regarding remedy. Meanwhile, new gender reporting requirements will help employers identify their inequality 'hot spots', and AHRI has called for long service leave amendments.
The Fair Work Commission has criticised an employer's investigation and subsequent dismissal of a worker for misconduct, saying its HR manager should have ensured a proper process was followed in its show-cause meeting.
A star employee's resignation can trigger a "highly personal reaction" from their manager, so HR has a real challenge in preventing behaviours that can hinder a smooth transition, employment lawyers say.
An employee who was sacked for refusing to perform aspects of a role he'd been redeployed to has won reinstatement to a different position, with the Fair Work Commission finding he was "simply the wrong person for the job".
An employee who was unfairly sacked for failing to attend a medical exam was not entitled to reinstatement, because his "bombardment" of emails to HR destroyed the employment relationship, the Fair Work Commission has found.
A CEO's redundancy payment has been slashed by $2.5m after an appeal court found he forfeited it by failing to sign a deed of release, while another executive who was originally denied a severance payment has been awarded $375,000.
In a webinar on 12 May, learn when it is appropriate to investigate bullying allegations, and how to avoid conflicts of interest. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.
An employee whose colleague allegedly broke into her home and fell asleep drunk and naked has failed to convince a tribunal that her employer should have done more to prevent his behaviour.
Employers should have clear whistleblower policies that encourage staff to air concerns safely and anonymously, but not offer rewards or compensation in return, says McDonald Murholme employment lawyer Bianca Mazzarella.
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.
