Despite an agreement not to pay out a worker's entitlements between the end of one contract and the start of another, his continuous service was "broken" during this four-day period, the Fair Work Commission has found.
In the absence of "specific and cogent evidence" to supports its serious misconduct allegations, an employer couldn't prove it had a valid reason to sack an employee, the Fair Work Commission has found.
The Fair Work Commission can't resolve disputes about the termination of existing flexible working arrangements, under provisions regarding employees' right to make requests, it has confirmed in a new ruling.
Opponents of trauma-informed investigations sometimes argue this approach weakens the process, but in fact the opposite is the case, according to a workplace culture specialist.
Assuming an injured employee was "fully aware" her employment was at risk resulted in a procedurally unfair dismissal process, the Fair Work Commission has ruled.
If an employer had implemented the recommendations from its bullying investigation, it could have prevented further workplace issues between two employees, the Fair Work Commission has ruled.
A decision that found an employee was dismissed when her fixed-term contract was allowed to "meander to its conclusion" highlights the need for employers to "exercise caution" in this area, a lawyer stresses.
The Federal Court has ordered the interim reinstatement of an employee sacked for poor performance, finding there was at least an arguable case he was unlawfully dismissed for making workplace complaints.
In one of the first tests of the Fair Work Act's fixed-term contract restrictions, the Fair Work Commission has found a senior HRBP's third contract was for a substantially different role and therefore didn't breach the provisions.
Despite a "sub-optimal" workplace that condoned conversational swearing, an employee should have been aware that referring to female staff as "those b-tches" was grossly inappropriate, the Fair Work 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.
