A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
Dismissing an employee for her "deliberate defiance" of an acknowledged direction was unreasonable, the Fair Work Commission has ruled, because she wasn't specifically warned her job was at risk if the behaviour continued.
An employee with a criminal record has been awarded $265k in compensation for discrimination, after an HR leader "leapt into punitive action" without seeking any background information.
Leaders who spent 2024 "marching to the beat of the compliance drum" might realise they turned down the volume on a chorus of workplace issues, but they can tune back in for greater harmony next year, a people and change specialist says.
In rejecting an employee's appeal over his failed unfair dismissal claim, the Fair Work Commission has reinforced that it does not have to make general enquiries into workplace conduct or culture to conduct a fair hearing.
Gaps in employee collaboration, skill requirements, and technology are thwarting a much-needed "reset" after the pandemic, but HR can close them with a few simple steps.
A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
Employers are increasingly consulting psychologists ahead of terminations with a view to preventing psychosocial harm during the process, and it can "absolutely" work, according to a safety specialist.
In finding today that the risk of an employee's psychiatric injury was a "serious possibility" after his botched dismissal process, the High Court has nonetheless determined not to rule on whether employers' duty of care extends to disciplinary and termination events.
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.
