An employer that claimed it warned an employee about his conduct on multiple occasions before dismissing him, has undermined its reliance on a zero-tolerance policy to support its actions, the Fair Work Commission has ruled.
"Significant fluctuations" in an employee's enthusiasm for redeployment were more problematic than minor flaws in his employer's processes, the Fair Work Commission has found, accepting his redundancy was genuine.
A Fair Work Commission full bench has cleared an employer to use CCTV footage to defend an unfair dismissal claim, despite an earlier finding that it had been unlawfully obtained.
A tribunal has ordered an employer not to sack a whistleblowing manager for at least three months, accepting he could arguably win an unfair dismissal action.
The Fair Work Commission has put an employer on notice following an "unbalanced" process that saw one employee sacked as a result of an argument, while the other wasn't even rebuked.
The Fair Work Commission has found that a "brutal" dismissal fell short of being harsh, because the employee had "clear and fair opportunities" to respond to the allegations against him.
The Fair Work Commission has upheld the dismissal of three employees for misconduct, finding the trio abused their positions to obtain a range of "extravagant personal benefits".
When employees are failing to perform at required levels, the problem often lies with the accountability of their managers, says a team performance expert.
An employee who swore at his manager and threatened to put a colleague in an ambulance will receive compensation for a harsh dismissal after the Fair Work Commission found discrepancies between the allegations his employer relied on, and those he'd been asked to respond to.
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.
