An employer has failed to convince a Federal Court full bench that a director merely acted upon an HR specialist's recommendation to dismiss an employee for misconduct, and wasn't driven by an "improper motive" when making her decision.
Workplace ostracism doesn't just affect the victim; it has "ripple effects" across the organisation if witnessed by other employees, according to researchers.
"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.
Allowing a disciplinary meeting to go ahead after learning that a manager accused of misconduct hadn't slept or eaten for three days wasn't "reasonable", a tribunal has ruled.
An employee who breached an AVO by approaching his former partner at work has failed to convince the Fair Work Commission it was a "family matter" and that his dismissal was unfair.
After giving all employees a paid "check-up" day each year, an employer that promotes early detection has now upped the ante with a partnership that provides screening, follow-ups and results on the same day.
A supervisor was unfairly sacked for bullying and timekeeping fraud, the Fair Work Commission has ruled, finding his employer denied him an opportunity to defend himself.
Allowing a supervisor to retract his resignation on the condition of returning to work as a team member amounted to a dismissal, the Fair Work Commission has ruled.
An employer has been awarded its costs of defending a meritless disability discrimination claim, after a tribunal found the employee failed to engage with any offers to resolve his complaint.
Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.
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.