The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.
A chief people officer irritated by a manager's redeployment negotiations made a "snap decision" to make his role redundant, in breach of his general protections, the Federal Court has found.
Despite accepting that a supervisor's suitability for redeployment was "unlikely", the Fair Work Commission has found an HR practitioner should have discussed available jobs before dismissing her on the basis of redundancy.
In a general protections case that identified 188 workplace complaints or enquiries, an employee failed to specify which "particular" prohibited reasons led to his termination, the Federal Circuit Court has found.
Blaming a general manager for stalling a redundancy consultation process, when the purpose of any further discussion remained "opaque", was "self-serving and disingenuous", the Fair Work Commission has ruled.
Advertising for new roles didn't undermine an employer's genuine redundancy defence to a people and culture officer's unfair dismissal claim, the Fair Work Commission has found, in rejecting that any of those positions were suitable for her redeployment.
Engaging an external contractor didn't undermine an employer's genuine redundancy defence to an unfair dismissal claim, the Fair Work Commission has found, rejecting there were any signs of a "sham".
Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.
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.