An employer that followed a clause in its enterprise agreement "in form rather than substance" when investigating alleged misconduct took an approach that could "only be described as procedurally unfair", the FWC has ruled.
The media frenzy surrounding a fashion retailer's controversial code of conduct is just one of the risks employers face when they have obscure or onerous workplace policies, warns a lawyer.
A company that funded an employee's work trip was entitled to dismiss him over misbehaviour that occurred while he was away, the Fair Work Commission has ruled.
A 65-year-old employee who forwarded an "entirely inappropriate" anti-Muslim email to multiple work colleagues has failed to obtain reinstatement due to a "real possibility" he would reoffend - and damage his employer's reputation in the process.
A supervisor found to be unfairly dismissed after sending a p-rnographic email at work has been denied reinstatement, after the Fair Work Commission ruled it was reasonable to expect higher standards from a leader than from regular employees.
This year has been an exceptionally challenging one for HR professionals. The new anti-bullying jurisdiction kicked off; social media evolution outpaced the development of associated workplace policies and responses; and there was no shortage of new case law on everything from unfair dismissal to restraint clauses.
Turning up to a conference still intoxicated from a work function the night before did not constitute gross misconduct by an executive, a court has ruled in awarding him nearly $300,000 in damages.
A boss who engaged in "intolerable, disgraceful and dishonourable" conduct when he s-xually harassed a female trainee has had his penalty reduced, after an appeal court agreed it was "manifestly excessive".
Employers that initially fail to deal with social media misuse in the workplace could be waiving their right to address that misconduct at a later date, warns an employment lawyer.
An executive has been ordered to pay some of the costs her employer incurred in defending her high-profile adverse action claim, after the Federal Court found her allegations of s-xual misconduct were unreasonable.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
