An employer has convinced a Fair Work Commission full bench that a Commissioner who "expressed strong views" on an employee's unfair dismissal claim had not afforded it procedural fairness before deciding in her favour.
The Fair Work Commission has upheld the dismissal of a senior employee for a serious safety breach, finding he should have known better given his 34 years of service.
A Commissioner has expressed hesitation in reinstating an employee who breached the same rule three times in 12 months, but deemed it the "only" appropriate remedy in the circumstances.
Taking a pre-prepared termination letter into a disciplinary meeting is a "classic example" of how employers trip up on procedural fairness when dismissing employees, says a workplace lawyer.
An employee who was dismissed for serious misconduct was not afforded procedural fairness partly because her employer failed to take into account her "quiet and timid" personality, the Fair Work Commission has ruled.
Courts and commissions are more closely scrutinising not just the validity of employers' termination decisions, but also the fairness of their procedures. This webinar will discuss typical mistakes, their ramifications, and how to avoid them.
The Fair Work Commission has put an employer on notice following an "unbalanced" process that saw one employee sacked as a result of an argument, while the other wasn't even rebuked.
The Fair Work Commission has found that a "brutal" dismissal fell short of being harsh, because the employee had "clear and fair opportunities" to respond to the allegations against him.
The dismissal of an employee for drunken behaviour has "significant application across Australian workplaces" and warranted rehearing by appeal, the Fair Work Commission has ruled. Also in this article, D&I programs are missing their mark; communicating STP changes to employees; and more.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
