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.
Giving a senior employee three months' notice of termination, then summarily dismissing him on "inexplicable" grounds after just a month, had the potential to cause such "extreme" damage to his reputation that it warranted $450k in damages, a court has ruled.
An employee who made bullying allegations against her employer's head of HR has failed to convince the Fair Work Commission that an investigation into her own behaviour should halt while her application is determined.
Deciding on the best course of action when a very senior employee is accused of bad behaviour is one of the most "confronting" tasks an HR professional can face, says an employment law specialist.
An HR officer was so busy with the day-to-day management of an organisation that she had "little capacity" to appropriately deal with an employee's performance issues, the Fair Work Commission has ruled in an unfair dismissal dispute.
An employee's bullying behaviour towards a colleague wasn't serious enough to warrant her dismissal, especially since her employer failed to properly deal with the pair's interpersonal conflict, a tribunal has ruled.
The Fair Work Commission has ordered an employer to reinstate a worker sacked over "one act of inoffensive drunkenness", after her employer botched its investigation into her misconduct.
It was unfair of an employer to sack a 73-year-old employee with nearly four decades' service on the basis of one medical assessment, the Fair Work Commission has found.
An employer acted reasonably in sacking an employee who tried to undermine managers, the Fair Work Commission has ruled. Also in this article, two misconduct-related dismissals upheld despite their procedural defects.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.