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.
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.
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.
