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.
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.
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.
