An employer was entitled to dismiss a manager for performance and conduct issues, but its failure to give him time to improve and its "near total lack of procedural fairness" made its decision unfair.
An application for orders to stop s-xual harassment had no reasonable prospects of success after the employee accused of sending "vile" messages resigned, the Fair Work Commission has ruled.
An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.
Touching a female colleague on the bottom was "sufficiently serious to justify summary dismissal", the Fair Work Commission has found in rejecting an employee's unfair dismissal claim.
An HR professional has been fined more than $100k, amid more than $4 million in penalties handed down after a "deliberate" scheme to deprive workers of their entitlements.
An employer made reasonable adjustments to an employee's "challenging" and "confronting" duties and hours, the Fair Work Commission has ruled in rejecting she was forced to resign due to a lack of support.
A commission has rejected that weekly meetings with a probationary employee were a "performance appraisal" that exempted an employer from liability for his psychological injury.
An employer exposed its workers to a risk of violence and inappropriate s-xual behaviour, a court has found, and a regulator is urging all organisations to take "proactive, preventative action" to protect their staff.
An employee who repeatedly ignored simple directions on where to start work each day has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour was "consciously" deceptive.
Employers are being warned not to dismiss complaints they believe are misconceived or lacking in substance, with a recent case showing that doing so may put them on the wrong side the Fair Work Act's general protections provisions.
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.
