An employer's failure to intervene with mediation in a workplace conflict that culminated in an employee's sacking didn't make his dismissal unfair, a commission has found.
Conversations about employee misbehaviour and misconduct are typically not handled well, or avoided altogether, because they're "hard", but this only causes issues to escalate, a communications expert warns.
It was fair to sack a worker who created a psychosocial safety risk by sending threatening and belittling texts after hours to his manager, the Fair Work Commission has ruled.
The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.
For too long, leaders have treated misbehaviour and misconduct as separate to performance issues at work, but "the world is waking up", a communication specialist says.
When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".
A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.
An employer was entitled to sack an employee for his "repeated poor performance, bad punctuality and unexplained absenteeism", but its procedural failings made the dismissal unfair, the Fair Work Commission has found.
An employer viewed a leader's actions in a "sinister" light when they were "readily capable" of having an innocent explanation, the Federal Court has ruled in awarding him $130k for unlawful adverse action.
An employee's "self-serving act" in forwarding work emails to her personal account after being informed of a restructure was serious misconduct and warranted her dismissal, the Fair Work Commission has ruled.
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.
