Covertly applying for a job with an employer's client didn't breach an employee's contractual restraint, but it was nonetheless misconduct that warranted her dismissal, the Fair Work Commission has found.
Engaging an external contractor didn't undermine an employer's genuine redundancy defence to an unfair dismissal claim, the Fair Work Commission has found, rejecting there were any signs of a "sham".
Ernst & Young has defended terminating a senior partner who was charged with assault after hours spent drinking with staff and clients, on the basis his conduct was likely to harm the firm's interests.
An employee has been chastised for "grasping at excuses for his unacceptable conduct", with the Fair Work Commission accepting he posed a "serious and imminent risk" to workplace health and safety and was fairly sacked.
Frustration with an employee who acted unprofessionally should not have coloured an employer's perception of whether her "disrespectful" comments amounted to a resignation, the Fair Work Commission has found.
Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.
Employers need strong policies and programs for psychosocial risk management, but to move from "talking the talk", to "walking the walk", they also need to improve their support for line managers, a workplace psychologist says.
The reverse onus of proof in adverse action cases shouldn't be a "free kick" for employees to name numerous decision-makers without properly identifying their role in alleged contraventions, an employer has argued.
Employers can't force their leaders to get more sleep, but they can educate them about a simple formula that makes a big difference, according to an executive coach.
Private workplace messages may well have been "venting", but in body-shaming a manager and encouraging gendered violence they were also inappropriate and warranted discipline, a commission has ruled.
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.
