The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.
The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
Employees' reduced opportunities for incidental learning mean mentoring programs are now more important than ever, and the most effective ones have evolved significantly from more traditional arrangements.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
Regulatory and legislative change are creating a stronger framework for gender equality in the workplace, but the struggle to translate policy into practice continues, according to a leader in the space.
An employee sacked for aggressive and threatening conduct has won reinstatement, after the Fair Work Commission found his employer failed to consider his challenging personal circumstances before dismissing him.
At an organisation with unusually high risk and reward opportunities, scrutinising the judgement capabilities of incoming employees is essential, according to its CPO.
An employer has failed to prove it wasn't liable for an employee's psychological injury, which a commission found didn't just result from a redeployment process but from the strain of supporting affected colleagues through it.
Being unable to locate an employee's contract didn't mean an employer had breached the Fair Work Act or Regulations, the Federal Court has ruled in upholding an employer's appeal.
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.
