An employer's failure to intervene with mediation in a workplace conflict that culminated in an employee's sacking didn't make his dismissal unfair, a commission has found.
A workplace advisory service, which has been criticised by the Fair Work Commission on more than 30 occasions, has been refused permission to represent employees in 46 new applications due to concerns about its "misleading" practices.
An HR general manager thought it would be "insulting" to offer a retrenched employee "lesser" roles due to his skills and experience, but failing to at least have this conversation made his dismissal unfair, the Fair Work Commission has found.
An employee who sought 100% remote working arrangements because she was over 55 and had increased health risks has failed to secure flexible work orders, with the Fair Work Commission finding no nexus between her age and her request.
An employee, who alleged managers bullied her during a performance management process, has failed to secure interim orders blocking her dismissal until the conclusion of her stop-bullying claim.
After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.
It was fair to sack a worker who created a psychosocial safety risk by sending threatening and belittling texts after hours to his manager, the Fair Work Commission has ruled.
Summarily dismissing a worker for evading a drug test was warranted, despite his claims he had "defecated in his pants" and needed to rush home, according to the Fair Work Commission.
An employee was understandably concerned about his relationship with a supervisor, who labelled him a poor performer and suggested he attended work "to bludge", a commission has found in psychological injury proceedings.
There was a "significant degree of unreality" in an employee's claim that his employer no longer wanted to be bound by their contract, the Fair Work Commission has ruled, finding he wasn't forced to quit.
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.
