In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.
Inconsistencies between an employee's requested flexible work arrangement and an enterprise agreement didn't constitute a "reasonable business ground" that justified the employer's refusal, the Fair Work Commission has ruled.
When an employee's "defensive" actions during a workplace investigation prompted a client to request her removal from its site, her employer had no choice but to dismiss her, the Fair Work Commission has found.
A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.
An employee who claimed she was referred to her as "that fat one" and likened to a "donut" has failed to prove she was discriminated against on the basis of her pregnancy.
A formal policy wasn't required for an employee to know that punctuality was important, but sacking him for being late to work "occasionally" was harsh, the Fair Work Commission has found.
It wasn't reasonable to order 47 witnesses to attend a stop-bullying hearing, the Fair Work Commission has ruled, in a decision that clarifies when it will use this discretionary power.
An employee's stop-bullying application contained some "frivolous and vexatious elements", but his allegations about an HR business partner were "highly offensive, indefensible and damaging", the Fair Work Commission has found.
Although a workplace had "clear" interpersonal conflict issues, an employer didn't facilitate a toxic environment that forced a manager to resign, the Fair Work Commission has found.
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.
