The Fair Work Commission finalised nearly 200 anti-bullying applications in the first six months of the new regime, but upheld only one, its annual report shows.
In an important ruling on employers' rights to have legal representation in unfair dismissal hearings, the Fair Work Commission has found the HR department of a major retail company had "ample qualifications" to represent itself without a lawyer.
The Fair Work Commission has clarified which factors it will – and won't – take into account when determining whether to reinstate a worker who wins an unfair dismissal claim.
An employer that failed to conduct "frank and transparent" performance reviews, or promptly deal with behavioural issues, gave up its right to summarily dismiss two workers for bullying, the FWC has ruled.
A Victorian employer will have legal representation in an upcoming bullying case after the Fair Work Commission accepted it had no employees with sufficient skills or experience to represent it. In a separate case, the Commission has altered its first substantive stop-bullying order to make it more practical to comply with.
The Fair Work Commission has chided an employee for forwarding an email containing confidential information about an internal investigation, but overturned the employer's decision to give him a final written warning.
Employers that fail to deal appropriately with employee complaints to unions can find themselves facing legal action, but superficial solutions are just as harmful, warns an employment law specialist.
The High Court's ruling that Australian contracts do not impose a duty of trust and confidence is a welcome one for employers, but not a green light to ignore their own policies and procedures, an employment law specialist says.
A court has awarded a dismissed employee more than $1 million, finding her initial termination payment of just over $50k substantially underestimated her notice-period and long service leave entitlements.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
