In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
An employer has been fined $25k for taking adverse action against an employee who complained about a superior, with the court noting its contravention was "serious".
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
An employer must put in place new anti-bullying measures and keep two senior employees apart, after it found itself caught between retaining a "key employee" and its commitment to a bullied CFO.
The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.
Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.
A general protections application lodged on the basis of a "future" right to claim unfair dismissal is an important one to watch, a workplace lawyer says.
After allegedly rushing a CEO's sacking to deny him the opportunity to claim unfair dismissal, an employer has been ordered to reinstate him until his adverse action claim can be determined.
Rushing a sexual harassment investigation to meet a business deadline denied an employee procedural fairness, a Fair Work Commissioner has found, while accepting that his behaviour was "totally unacceptable" and the end result would have been the same.
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.
