An employee had an 'unrealistic' expectation that her employer should have delayed making her role redundant until after her parental leave, the Fair Work Commission has ruled.
An employer that stood down an employee in light of reduced demand for her work did so in contravention of the Fair Work Act, and has been ordered to reinstate her previous hours.
An employer that made a manager's role redundant, then sought to settle his unfair dismissal claim by offering to re-employ him, did not act unlawfully, the Fair Work Commission has found. But in another case, an employer that didn't consult with an employee beyond initial talks because it saw the task as futile has been ordered to pay him compensation.
Many redundancy decisions put on hold by JobKeeper 1.0 are now back on the agenda, and a lawyer warns that making fair, defensible decisions about who to select and why will take some careful consideration.
With JobKeeper 2.0 changes coming into effect later this month, an employment lawyer has answered questions from HR Daily Premium members about the new regime.
An HR manager has failed to argue that mentioning potential redundancies during a toolbox meeting satisfied consultation requirements. Also in this article: new misconduct and discrimination cases; proposals to extend parental leave; and more.
The Fair Work Commission has awarded redundancy pay to an employee whose role was terminated while he was on sick leave, finding an HR consultant's communication with him was confusing, "unnecessarily aggressive" and unreasonable.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
