The "optics" would be poor if an employer retained a senior employee who was convicted of domestic violence, a commission has found in rejecting his unfair dismissal appeal.
It was reasonable not to allow an employee whose ego was "dazzled" by other job offers to rescind his resignation, the Fair Work Commission has found, rejecting that the employer's conduct constituted a dismissal.
Losing a job held for nearly 30 years was likely to have an "extremely significant effect" on an employee, but she was "given every opportunity to avoid that outcome", according to the Fair Work Commission.
It's not uncommon for employees to find investigations stressful and upsetting, but this doesn't mean they're unreasonable, a Fair Work Commissioner has commented in dismissing a stop-bullying application.
Evidence that an HRBP actively tried to help resolve an employee's issues with a colleague's behaviour has helped an employer defend a constructive dismissal claim.
"Knowingly and repeatedly" flouting directions not to catch up on work after hours amounted to serious misconduct, the Fair Work Commission has ruled in rejecting an employee's unfair dismissal claim.
An employee suffered a psychological injury after the breakdown of a workplace friendship group, but his employer wasn't liable for it, a commission has ruled.
While accepting an employer was entitled to issue a return-to-office directive, the Fair Work Commission has nonetheless ordered it to grant an exemption to an employee who requested to keep working remotely.
"Expedition and informality" are desirable in industrial relations litigation, but when it comes to termination settlements, "there can be no substitute for clearly recorded written terms of agreement", a commission has highlighted.
After his unreasonable actions caused an employer to spend $29k defending an unfair dismissal case, a paid agent has unsuccessfully argued for a stay of a costs order pending the outcome of his appeal.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.