An employer mischaracterised an employee's "carelessness" as serious misconduct, which further "coloured its judgement" about his lack of remorse, the Fair Work Commission has ruled in unfair dismissal proceedings.
An employer criticised for failing to undertake "even the most basic level of investigative analysis" has been ordered to reinstate an employee it sacked for misconduct.
It was "incumbent" on an employer to investigate allegations an employee had been spreading rumours at work, but its process was "most inappropriate", and caused a psychological injury, a commission has ruled.
An employee who was not given a reasonable opportunity to defend himself against "very serious" misconduct allegations has won maximum compensation for unfair dismissal.
A commission has found an employee's attempt to "gee up" a subordinate was not trivial and couldn't go unpunished, even though he wasn't trying to be malicious or aggressive.
Even employees who understand why and when they should speak up about workplace issues won't do so if employers fail to eliminate some common barriers, a lawyer and HR specialist says.
An employer acted lawfully in refusing to offer further shifts to an employee, who was accused of at least 10 separate instances of poor performance or misconduct in the space of a month, the Federal Circuit Court has ruled.
Under organisations' positive duty to manage workplace s-xual harassment risks, it's crucial to foster a culture where employees feel safe to raise issues. Watch this webcast to learn how to move from simply responding to complaints, to a proactive approach.
An employer could have prevented a long-serving employee's suicide if it followed its own disciplinary procedure and considered alternatives to dismissal, a coroner's court has found.
An employer that sacked three employees for misconduct, without investigating whether their actions were an accepted practice as they claimed, has been ordered to reinstate them with continuity of service and backpay.
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.
