An absent employee did not abandon his employment, the Fair Work Commission has found, but rather his employer showed a "troubling and inexcusable disinterest" in his welfare prior to sacking him.
The Fair Work Commission has clarified the extent of some of its powers regarding sexual harassment allegations that traverse the period before and after relevant amendments to the Fair Work Act.
An unfair dismissal claim won by an employee suspected of misusing his personal leave entitlement highlights that employers should avoid making hasty conclusions about misconduct, a lawyer says.
In a general protections case that identified 188 workplace complaints or enquiries, an employee failed to specify which "particular" prohibited reasons led to his termination, the Federal Circuit Court has found.
A recent general protections dismissal claim highlights a need for legislative change in this problematic jurisdiction, according to a workplace lawyer.
"Greatly exaggerated" reimbursement claims weren't simply an "innocent error", but rather part of an employee's sophisticated process to derive a financial benefit he wasn't entitled to, the Federal Circuit Court has found.
To ensure they take 'reasonable management action' when handling complex workplace processes, employers need policies that provide for fairness and consistency, but also some flexibility, lawyers say.
An employer held an "unshakable" belief that an employee had engaged in misconduct, but it wasn't supported by evidence, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.
In prioritising the "good of the organisation", a people and culture manager's response to an employee's sexual harassment complaint was "flawed", a tribunal has ruled.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
