An employee wasn't "taken by surprise" when told he'd failed a performance review, a commission has ruled, finding his deficiencies were "well documented" and his employer's processes were reasonable.
In sacking a worker for 'underperformance', an employer wrongly relied upon contractual terms that had no "force or effect", the Fair Work Commission has ruled.
Raising concerns about a manager's ability to work effectively while at home "played a role" in her decision to quit, but it wasn't a constructive dismissal, the Fair Work Commission has ruled.
An employee accused of making a female colleague feel uncomfortable has lost his psychological injury appeal, after a court found management's response to the complaint was "unremarkable" and reasonable in the circumstances.
The safety risks posed by an employee who was acting "aggressively and erratically" due to a serious mental illness outweighed the procedural flaws in his employer's dismissal process, the Fair Work Commission has found.
It was "serious" for HR to allege that an employee fabricated workplace complaints to support his psychological injury claim, and instead supported evidence he had been singled out and targeted at work.
An employer that raised performance concerns with an employee on multiple occasions has failed to defend its decision to sack him, with the Fair Work Commission finding the issues weren't "overly serious".
An employer's decision not to offer an employee a new fixed-term contract after she disclosed she was pregnant did not amount to discrimination, a tribunal has found.
A supervisor whose communication was "frequent and interrogative" possibly needed more support to manage remote staff, but his behaviour wasn't bullying, the Fair Work Commission has found.
An employer that didn't directly underpay workers nonetheless should have reasonably known its franchisees were breaching the Fair Work Act, the Federal Court has ruled in fining it $1.44 million.
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.
