Management actions that weren't conducted reasonably were different enough not to be considered 'repeated behaviour', a commission has ruled in stop-bullying proceedings.
An "opportunistic" employer acted on the "incorrect premise" that an employee had abandoned his employment when it sacked him while he was on sick leave, the Fair Work Commission has found.
An employer has failed to overturn the reinstatement of an employee it sacked for s-xual harassment, despite a Fair Work Commission full bench agreeing that his dismissal was valid.
An employer had reasonable business grounds to refuse an employee's flexible work request, given her customer service work couldn't be performed from home or "behind locked doors", the Fair Work Commission has found.
A decision to suspend an employee without pay while he faces criminal charges over an alleged workplace assault has been upheld as fair and reasonable, despite his strenuous denials of any wrongdoing.
Following his "unquestionably harsh" constructive dismissal, an employee has failed to convince the Fair Work Commission that his "complex and severe psychiatric condition", and his loss of credentials due to a recent criminal conviction, shouldn't rule out reinstatement as a remedy.
When managers take a disciplinary approach to the first signs of poor performance, they set an unnecessarily adversarial tone that can lead to "all sorts of messes", an HR consultant warns.
The Federal Government intends to ban not only non-competes, but also terms that prohibit co-worker solicitation, and the use of "cascading clauses" in post-employment restraints, draft legislation shows.
An employer must reinstate an employee it accused of time theft and safety breaches, after the FWC found his allegedly serious misconduct either didn't occur, or was a "one-off record keeping breach".
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.
