The Fair Work Commission has ordered an employer to reinstate a worker who was sacked for s-xually harassing a female trainee, after it found the trainee's evidence was unreliable.
An employer has successfully sought an order to access an employee's phone records, following a dispute about whether he accessed p-rn on his company-provided device. Also in this article, a roundup of recent dismissal rulings; and new research on end-of-year celebrations, wage theft, disability inclusion, and more.
In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area.
A host employer had every right to request a labour hire company remove a worker from its site, but the labour supplier was also right to push back against the decision, the Fair Work Commission has found.
An employee who "voluntarily" made herself unfit for work by consuming alcohol engaged in misconduct, but not to an extent that warranted her dismissal, the Fair Work Commission has found.
Poor behaviour at work that falls short of misconduct can be the most difficult to manage, but too often employers turn a blind eye, a workplace lawyer warns.
An employer's procedural errors weren't so great as to make a manager's dismissal for drinking while at work unfair, the Fair Work Commission has ruled. Meanwhile, an employee's mass email speculating about job cuts justified his sacking, while another's abusive response to an "overly keen" supervisor also warranted termination.
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.
