The timing of a worker's casual conversion request and an audit into his conduct, which led to his dismissal, was "too coincidental" not to be linked, the Fair Work Commission has ruled in awarding him three months' compensation.
An employer should have considered performance management or a "significantly clear warning" after an experienced employee breached its policies, instead of moving straight to termination, the Fair Work Commission has ruled in ordering her reinstatement.
An employer had valid reasons to sack an employee who couldn't maintain constructive workplace relationships, but it unfairly failed to warn him his employment was at risk, the Fair Work Commission has ruled in awarding compensation.
There is now a much greater onus on employers to take a trauma-informed approach to workplace investigations involving sensitive matters, an employment lawyer says.
It was unfair of an employer not to follow through with its promise to discuss dismissal alternatives with a vaccine-hesitant worker, the Fair Work Commission has ruled.
The risk that interview recordings from a misconduct investigation might end up on the internet has been deemed a "significant" consideration in weighing up an employee's access request.
The Fair Work Commission has backed a major employer's decision to "make a stand" against foul language at work, but has found its processes fell short when it disciplined a swearing employee.
An employee should have been given a "reality check" about his poor performance before he was dismissed, the Fair Work Commission has ruled in awarding him compensation.
An employer considered numerous complaints before finding a manager was "troublesome, dominating, difficult and possibly demanding", but its dismissal process was "egregious and flawed", the Fair Work Commission has ruled.
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.