A senior HR advisor's disciplinary process was unnecessarily lengthy and beset with "obvious problems", but that didn't outweigh that she had breached the employer's code of conduct, a commission has ruled.
A senior HR business partner's "patently false", "unsubstantiated" and at times "misogynistic" claims have undermined his unfair dismissal case, the Fair Work Commission has chastised.
When workplace issues arise that set HR's wheels spinning, it's important to apply strategies that reduce legal and psychosocial risks, while achieving the best outcomes for the organisation. Watch this HR Daily Premium webcast to learn a practical framework to deploy in a variety of complex scenarios.
An investigation into an employee's alleged "improper behaviour" did not align with the employer's own respectful workplace policy and was therefore "inadequate, flawed and unfair", a commission has ruled.
In "blindly" accepting an employee had verbally harassed colleagues, an HR manager unfairly deprived her of the opportunity to defend herself, the Fair Work Commission has ruled in awarding her $26k for unfair dismissal.
"Reasonable schemes reasonably implemented can miscarry without rendering them unreasonable," a commissioner has stressed, in rejecting the psychological injury claim of an employee who had a "troubling propensity for embellishment".
It's not uncommon for employees to find investigations stressful and upsetting, but this doesn't mean they're unreasonable, a Fair Work Commissioner has commented in dismissing a stop-bullying application.
An employee suffered a psychological injury after the breakdown of a workplace friendship group, but his employer wasn't liable for it, a commission has ruled.
Complex workplace matters often involve "intense emotions", and it's important for HR not to overlook these in the parties, and themselves, when striving for resolution, according to a workplace relations specialist.
It was retaliatory and "cold-hearted" of an HR manager to ask an absent employee to attend meetings, and to repeatedly deny his requests for annual leave after his sick leave ran out, the Federal Circuit Court has found in upholding his adverse action claim.
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