An employer that failed to conduct "frank and transparent" performance reviews, or promptly deal with behavioural issues, gave up its right to summarily dismiss two workers for bullying, the FWC has ruled.
An HR manager who breached the confidentiality requirements of her own bullying complaint has lost her adverse action case in the Federal Circuit Court.
A case in which an HR manager was sacked for sharing her employer's policies and documents raises some questions about investigations and surveillance in the workplace, according to DLA Piper partner Brett Feltham.
A worker's repeated refusals to follow dispute resolution procedures when complaining about bullying amounted to "rank insubordination", and warranted his dismissal, the Fair Work Commission has ruled.
In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Employers are occasionally tempted to "get tricky" with the Fair Work Act's support person provisions, but a workplace lawyer warns that cutting corners in an attempt to expedite disciplinary matters can come back to bite them.
Employers and HR professionals should ensure their social-media policies and training clearly cover use of digital photography, with photo-sharing apps creating a host of new bullying, harassment and other risks to manage, according to Holding Redlich senior associate Joel Zyngier.
Employers that have permitted a culture of inappropriate emails and other poor behaviour can't simply pick and choose when they will discipline workers for misconduct, a Fair Work Commissioner has ruled.
An employer was right to sack a worker for making racist comments on a public two-way radio, despite the fact he had worked at the company for more than three decades and was under personal duress at the time, the Fair Work Commission has found.
A worker who initially refrained from reporting s-xual harassment, due to an executive's insensitive remarks, has been awarded nearly half a million dollars in damages from a contractor.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
