Undertaking "preparatory steps" to establish a competing business while still employed will rarely be considered a breach of fiduciary and contractual obligations, a full bench of the Fair Work Commission has highlighted, in refusing an employer's unfair dismissal appeal.
The Fair Work Commission is allowing a late general protections claim to proceed, after an employer advertised a "similar" job to one it made redundant, just one day after the three-week time limit expired.
Working through a Reconciliation Action Plan has the end result of improving all workplace policies and procedures, according to a chief people and culture officer whose organisation recently completed the 'Innovate' tier.
When a senior leader at the ABC sacked an employee who expressed a political view on social media, he disregarded warnings that it "would be worth looping in P&C" to ensure the employer's established disciplinary process was followed, the Federal Court has noted in ordering pecuniary penalties.
An employee's decision to disclose a mental health condition is often a "spur-of-the-moment" one, and four structural elements of workplace environments either facilitate or constrain disclosures, new research has found.
An employee had no choice but to resign after she complained about sexual harassment and then wasn't properly informed of the investigation's outcome, the Fair Work Commission has ruled.
An employee's failure to notify his ongoing absence after annual leave was a valid reason to dismiss him, but the employer's informal management approach and lack of procedural fairness warranted his reinstatement, the Fair Work Commission has ruled.
When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.
Prescriptions for medicinal cannabis are on the rise, and while some products don't have the psychoactive effects of others, they could still impair a person's fitness for work, a lawyer warns.
A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.
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.
