The Fair Work Commission has criticised the long and unexplained delay between an employee's disciplinary meeting and her sacking, but found her conduct still justified dismissal.
The Fair Work Commission has declined to issue orders preventing an employee's dismissal until his stop-bullying application is determined, finding this would likely circumvent his employer's reasonable disciplinary action.
It was reasonable for an employer to remove an employee accused of "very serious" s-xual harassment allegations, but its miscommunication about the matter aggravated his psych injury, a tribunal has ruled.
The Fair Work Commission has lambasted a large employer for constructively dismissing a manager, finding its arrogant senior leaders rendered the HR function "largely impotent".
An employer has defended sacking a worker for making inappropriate comments and refusing to follow a "fundamental direction", even though its process was flawed.
An employer's decision not to investigate bullying allegations or interview witnesses because the incidents occurred a long time ago made no sense, a commission has ruled.
An employer should have ended a disciplinary process after giving an employee a written warning, instead of escalating the matter in a bid to end the employment relationship, the Fair Work Commission has ruled.
A voluntary resignation will not be considered forced simply because an employee is dissatisfied with their treatment at work, the Fair Work Commission has affirmed in a constructive dismissal dispute.
An employee's numerous instances of misconduct outweighed a procedural flaw in her dismissal, but her employer overstepped in sacking her without notice, the Fair Work Commission has ruled.
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.
