It was "difficult to understand" how an employee's private sexual conversations with someone outside of work became a work-related matter, a commission has commented in upholding his appeal.
A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.
The Fair Work Commission has rejected that an employee was unfairly dismissed for physically assaulting a coworker, despite flaws in the termination process and the overall harshness of the decision.
Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.
Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.
An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.
An employer's deficient policies and procedures for managing sexual harassment risks indicated a "complete disregard" for its employees, a court has ruled in issuing a $40k fine.
When a senior leader at the ABC sacked an employee who expressed a political view on social media, he disregarded warnings that it "would be worth looping in P&C" to ensure the employer's established disciplinary process was followed, the Federal Court has noted in ordering pecuniary penalties.
A senior HR business partner, whose unfair dismissal claim was undermined by his "patently false", "unsubstantiated" and at times "misogynistic" claims, has been denied leave to appeal by a full bench of the Fair Work Commission.
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.
