The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.
An employer has acknowledged its failure to use internal HR support before making an employee's role redundant, which resulted in an order to pay $20k for unfair dismissal.
The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.
After allegedly rushing a CEO's sacking to deny him the opportunity to claim unfair dismissal, an employer has been ordered to reinstate him until his adverse action claim can be determined.
Rushing a sexual harassment investigation to meet a business deadline denied an employee procedural fairness, a Fair Work Commissioner has found, while accepting that his behaviour was "totally unacceptable" and the end result would have been the same.
Best-practice workplace investigations are now conducted with far more sensitivity, but it's crucial not to lose sight of what's required from a legal perspective, an employment lawyer says.
Workplace investigations continue to challenge employers in new ways, requiring sensitivity within the legal framework of natural justice and procedural fairness. Watch this webcast to ensure your organisation's practices are up to date.
An employer was entitled to transfer a "socially inept" employee to a different workplace 350km away after finding he bullied a female colleague, the Fair Work Commission has ruled.
A Fair Work Commissioner's tolerance for a sacked employee "evaporated" when she failed to meet relevant case deadlines, and he said her lack of attention to detail supported her employer's many dismissal reasons.
A Fair Work Commission full bench has overturned a finding that an "exemplary" employee's 12-month first and final warning for a serious safety incident was an appropriate disciplinary outcome.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
