The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
Some key themes have emerged in unfair dismissal rulings from the past 12 months. Watch this webcast to understand developments in how the Fair Work Commission handles this area.
Recent redundancy decisions that have been overturned involve a redeployment sabotage, abandoned performance management, inadequate consultation, and more.
An employer that told a pregnant employee her role was being made redundant two days before she went on maternity leave took unlawful adverse action against her, a court has ruled.
An employee's dismissal was not a genuine redundancy, the Fair Work Commission has ruled, because the organisation failed to consider him for 40 internal positions within two levels of his pay classification.
In the absence of official guidance on appropriate timeframes for employees to consider redundancy and redeployment issues, an employment lawyer urges employers to prioritise good communication over a hasty process.
Employers' obligations around redeployment remain one of the most misunderstood areas of restructures and redundancies, whether involving just one role or hundreds. In this webcast, an employment lawyer clarifies the 'genuine redundancy' exemption to unfair dismissal claims, role characteristics that make redeployment reasonable or otherwise, and more.
Making an HR coordinator's role redundant just days after she started working in it did not amount to unfair dismissal, the Fair Work Commission has ruled.
An employer that failed to comply with its consultation obligations when making an employee's role redundant didn't unfairly dismiss him, the Fair Work Commission has ruled.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
