An employee who says he joked about making a fraudulent compensation claim but had no intention of following through was unfairly dismissed, the Fair Work Commission has found, rebuking his employer for using a hasty investigation and flimsy evidence to bolster a "highly speculative" allegation.
An "unusual" unfair dismissal case highlights the potential risks employers face when trying to comply with strict whistleblowing laws and procedural fairness requirements during disciplinary matters, a workplace lawyer says.
An employee who was "clearly" aggrieved by how her employer handled her post-injury return to work has failed to prove her redundancy was a "sham" to replace her.
HR functions made "significant strides" last year in their use of data and analytics, and organisations fall into three main categories when it comes to their level of sophistication, a Mercer expert says.
A long-serving employee's dismissal for one instance of misconduct should reinforce to workers that complying with policies "is not optional" and ignoring them can have serious consequences.
An employer's disciplinary approach wasn't "punitive" and unsympathetic; rather it tolerated an employee's inappropriate behaviour for years out of a misplaced "sense of compassion", the Fair Work Commission has found in rejecting a dismissal claim.
An underperforming employee who normally would have been sacked during probation "slipped through the cracks", but his manager's diligent performance management process made the dismissal fair.
Some 25% of employees will take time off in any given year for grief and loss-related reasons, but most employers haven't properly addressed how they'll help them in their absence and upon return, an expert says.
Last year prompted many employers to think more strategically about their redeployment, internal mobility, and outplacement goals, but leading-edge employers are now also combining these areas with their future of work scenarios.
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.