A conclusion that an employee inappropriately touched a colleague was undermined by investigation flaws and "some inconsistencies" in the evidence, a commission has ruled.
There is no need for the Clerks Award to contain a specific term compelling employers to allow employees to work from home, but it should contain a 'right to request' term, the Fair Work Commission has found, in its much-anticipated decision on the matter.
Despite an employee's previous warning and the seriousness of an incident that occurred under her watch, the Fair Work Commission has found her dismissal was unfair because her conduct wasn't negligent.
Regularly contacting an employee outside her work hours was unreasonable, but the employer didn't breach the Fair Work Act's right-to-disconnect provisions, a tribunal has found, in the first determination of an alleged contravention.
A managing director was "clearly involved" in the decision to sack an employee, with whom he was embroiled in a "bitter separation dispute", the Fair Work Commission has found in unfair dismissal proceedings.
In stop-bullying proceedings, an accepted compensation claim for a psychological injury doesn't constitute proof that unreasonable management action has occurred, according to the Fair Work Commission.
It was fair to sack an employee for neglecting his duties, despite his concerns about not seeing the footage the employer relied on, the Fair Work Commission has found.
A senior HR leader, who claims he was victimised after raising concerns about his employer's approach to managing women, has failed to convince the Federal Court to grant interim reinstatement orders.
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.