In a case that illustrates the challenges of shifting a culture where inappropriate behaviour is considered normal, an employer with "a considerable way to go" has defended an unfair dismissal claim because its actions were "consistent with a reforming workplace".
An employee's aggressive and threatening behaviour towards colleagues warranted his dismissal, but his employer's failure to provide an opportunity to respond to allegations was harsh, the Fair Work Commission has ruled.
Especially in light of the broadening 'workplace', employers that still don't provide guidance around social media use are exposing themselves to growing legal risks, a lawyer says.
An employer that failed to follow its own disciplinary process during "bedlam" after negative media reports has nonetheless defended sacking an employee who made a "s-xualised" social media post.
An employer has failed to block reinstatement orders for a manager it sacked for misconduct, after the Fair Work Commission found her "carelessness" could be rectified on reinstatement.
An employee has failed to prove that historical workplace harassment caused her current psychological injuries. Also in this article, new dismissal and other rulings; HR's role in preventing harassment; and more.
Upward bullying is on the rise despite remaining "completely under-disclosed", and employers are finding it harder to manage this issue in a remote work context, a lawyer says.
There's a difference between deliberate deceit and misleading statements, the Fair Work Commission has stressed, in finding that summary dismissal was a disproportionate response to an employee's misconduct.
An employer has successfully defended sacking an employee for breaching its code of conduct, after he was found guilty of a sexual offence outside working hours.
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.
