A Fair Work Commissioner was wrong to dismiss an adverse action claim on the basis of a settlement being reached, in circumstances where the parties maintained their agreement wasn't binding, a full bench has ruled.
The finality of settlement deeds is being challenged more frequently by ex-employees, meaning employers often can't assume a dispute is "done and dusted". Watch this HR Daily Premium webcast to understand how to achieve mutually binding agreements, with minimal risk of further disputes.
An employer could have prevented its employee's removal from a site, and his subsequent unfair dismissal, if it had proactively addressed the performance and attendance issues its client raised, the Fair Work Commission has ruled.
Failing to ensure a worker was not at risk of workplace sexual harassment has cost an employer $90k. Also: new reports on AI-generated resumes; hiring demand; and more.
It was "unrealistic" for an employee to believe he could return to work without attending an independent medical examination, given the employer's "serious" concerns about his mental health, a tribunal has ruled in rejecting his unfair dismissal claim.
A role that maintained an employee's salary and seniority was an "acceptable" redeployment offer, even if she viewed it as a "step backwards" in her career, the Fair Work Commission has found.
Failing to properly notify an employee about the outcome of his misconduct investigation was "highly irregular and troubling", but the employer's deficiencies didn't force him to resign, the Fair Work Commission has found.
Despite initially offering voluntary redundancy as an option, an employer wasn't required to pay out a worker when it had acceptable redeployment alternatives available, the Fair Work Commission has ruled.
When an employee nearing the end of her parental leave was removed from her employer's systems and told current staffing levels were "sufficient", she was effectively dismissed, the Fair Work Commission has found.
The "primary motivator" for an absent manager's dismissal was his employer's belief he was falsifying his illness, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
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.
