The High Court has restored a $1.44 million damages award to an employee who had a "catastrophic" reaction to his misconduct dismissal, with the majority ruling that when the employer didn't follow its disciplinary policy, it breached the worker's contract.
An employee jumped the gun when he resigned before the conclusion of redeployment discussions, and his employer did not repudiate his contract, the Fair Work Commission has found.
In hindsight an employer was imprudent not to compromise further to settle an employee's unfair dismissal claim, but its rejection of her final offer wasn't so unreasonable as to warrant a costs order, the Fair Work Commission has ruled.
Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.
An employee's over-dramatisation of a childcare need as a "family emergency" indicated he had a very limited coping mechanism, the Fair Work Commission has observed in declining to make stop-bullying orders.
Suggesting that an employee take some time off work, or at least stay away from the office after a "fiery" interaction, didn't leave him with no option but to resign, the Fair Work Commission has found.
An employee's view that her employment record should get a "clean slate" as part of an unfair dismissal settlement was not enough to prompt the Fair Work Commission to interfere with the agreement.
The Fair Work Commission is treating allegations of s-xual harassment as a "very serious matter", but employers still need strong evidence and thorough processes to defend summary dismissals, a workplace lawyer says.
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.
