It was unfair to sack an employee who sent "extremely insulting" messages, which inadvertently ended up being viewed by his employer, the Fair Work Commission has found.
The Federal Court has rejected a senior HR business partner's latest challenge regarding his serious misconduct dismissal, after two Fair Work Commission decisions upheld it as fair.
An employer has unsuccessfully argued that the Fair Work Commission doesn't have the power to determine the location of an employee's reinstatement order.
Engaging in "deeply personal" behaviour with a client amounted to s-xual misconduct, the Fair Work Commission has ruled, in rejecting an employee's unfair dismissal claim.
When an issue is raised that will potentially result in disciplinary action, HR's early decisions can have a big impact on the success and defensibility of the ensuing process. This Q&A will provide clarity on which steps to take first.
An employer has failed to overturn the reinstatement of an employee it sacked for s-xual harassment, despite a Fair Work Commission full bench agreeing that his dismissal was valid.
A decision to suspend an employee without pay while he faces criminal charges over an alleged workplace assault has been upheld as fair and reasonable, despite his strenuous denials of any wrongdoing.
An investigation isn't always the best response to a workplace complaint or issue, and sometimes it will make the matter worse, a conflict specialist says.
An employer must reinstate an employee it accused of time theft and safety breaches, after the FWC found his allegedly serious misconduct either didn't occur, or was a "one-off record keeping breach".
Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to 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.
