An employer is entitled to put a stop to bad workplace behaviour via dismissal in circumstances where a lack of remorse suggests such conduct could occur again, the Fair Work Commission has stressed.
In their rush to make faster recruiting decisions in this tight candidate market, employers are opening themselves up to some legal risks and ethical issues, a lawyer says.
The Fair Work Commission has recommended rather than ordered an employer to update its policies, procedures and training, after accepting a "menacing" letter to an employee was likely to be bullying.
An employee has won reinstatement and nearly three years' backpay after a tribunal found her morbid obesity led to discrimination and unfair dismissal.
An employer whose traditionally conservative approach to flexible work was challenged by COVID-19 has since onboarded 150 employees remotely, embedded 10 flexible-work practices permanently, and hired a CEO who is working flexibly between two locations.
A court has expressed concerns about an employer's attempt to "sterilise" a former employee's ability to work for a potential competitor, without justification, in dismissing its interlocutory restraint case.
The Fair Work Commission has again upheld the sacking of an employee who refused a flu shot, with the majority bench controversially noting the public interest would not be served by encouraging a "spurious objection to a lawful workplace vaccination requirement".
HR professionals often find themselves involved in business politics whether they like it or not, and building the skills to navigate this area is an important but overlooked factor.
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.
