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.
Organisations should put more focus on people skills when appointing line managers, and provide training to prevent bullying grievances boiling over into court, according to Fair Work Commission senior deputy president Jonathan Hamberger.
A worker's repeated refusals to follow dispute resolution procedures when complaining about bullying amounted to "rank insubordination", and warranted his dismissal, the Fair Work Commission has ruled.
Using lawyers to conduct workplace investigations enables employers to protect information under legal privilege, but only if the process is handled correctly, according to Kemp Strang senior associate Ben Urry.
An experienced HR professional has been criticised by the Fair Work Commission for "fundamental errors" in a workplace investigation that led to an employee's dismissal.
How should the performance management process differ from managing misconduct? What are the top steps employers can take to minimise the risk of underperformance-related litigation? And how should employers "soften the blow" of dismissal? Here, an employment lawyer answers these questions and more.
Even when you are clearly justified in terminating an employee for poor performance, failing to do so properly can have major ramifications. Watch this webcast to minimise your legal risks when managing under-performance.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
