An employer that failed to comply with its own harassment policy must pay damages to an employee, but according to an employment law specialist, the liability should have been a simple one to avoid.
The Productivity Commission plans to look specifically at whether perceptions of the unfair dismissal jurisdiction match up to reality, as part of its broad workplace relations review.
The Federal Court has handed down an important ruling on what constitutes a "reasonable" recruitment process, in a dispute over whether an allegedly biased supervisor should have excused himself from a recruitment panel.
In a decision that contains useful guidance for HR professionals on when "undesirable" management behaviour is also "unreasonable", the Fair Work Commission has ruled that displaying intolerance or low-level anger towards a worker does not necessarily constitute bullying.
This year has been an exceptionally challenging one for HR professionals. The new anti-bullying jurisdiction kicked off; social media evolution outpaced the development of associated workplace policies and responses; and there was no shortage of new case law on everything from unfair dismissal to restraint clauses.
Turning up to a conference still intoxicated from a work function the night before did not constitute gross misconduct by an executive, a court has ruled in awarding him nearly $300,000 in damages.
In adverse action cases where employers can correctly identify the person or people who decided to take action against an employee, and the court accepts their evidence, the claim usually fails, says Ashurst partner Marie-Claire Foley.
Potential reputation damage from a stop-bullying application is so great that employers should always request confidentiality, even if the Commission is reluctant to grant it, says an employment law expert.
An employer has successfully fended off a $9 million damages claim, with a court finding its employment contracts allowed summary dismissal of a worker based on an "opinion" that he had engaged in misconduct.
Figuring out how to handle employees who haven't accrued enough leave is one of the biggest challenges facing employers with compulsory Christmas business closures, warns a lawyer.
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.
