Failing to give an employee even a "brief opportunity" to provide evidence of her current and future fitness for work made her dismissal unfair, the Fair Work Commission has ruled.
An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".
It was unreasonable to keep an employee "in the dark" after concluding serious misconduct allegations weren't substantiated, a tribunal has found in psychological injury proceedings.
An employer has lost its appeal against reinstating an employee sacked for inappropriate conduct, after failing to convince a Fair Work Commission full bench that more regard should have been had to his impact on female colleagues.
Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.
An HR consultant took necessary and appropriate steps to examine an employee's own conduct when determining whether her bullying and other allegations had a "proper foundation", the Federal Court has ruled.
A CEO's failure to verify serious misconduct allegations before confirming a senior employee's dismissal "borders on negligence", the Fair Work Commission has found.
An employer displayed a "distinct lack of understanding" about its legal obligations regarding workplace sexual harassment allegations, and breached a clause in its enterprise agreement, the Fair Work Commission has found.
Court and tribunal rulings provide a stark reminder that it's easy to misstep during disciplinary matters. This Q&A series will take an in-depth look at individual stages of disciplinary processes, exploring employers' options and their associated risks.
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.
