Amid soaring absence rates many employees are now being accused of abandoning their employment, but there's a high threshold for establishing this in a dispute, a lawyer says.
The Fair Work Commission has ordered an employee's reinstatement after finding "one isolated incident" at work, which resulted in criminal charges, didn't warrant dismissal "without some kind of warning first".
Demoting an employee whose "zealous approach" to his role negatively affected workplace relationships was fair and reasonable, the Fair Work Commission has ruled.
An employee has failed to prove she was forced to resign for the sake of her mental health, alleging she was bullied and falsely accused of misconduct.
Sacking a worker for being unable to perform the inherent requirements of her role, which included reporting to a manager who had bullied her, was not unlawful adverse action, an employer has proved.
After hiring two employees from its competitor Employsure, HR software company Elmo has won one dispute and lost the other over whether the post-employment restraints in their contracts were reasonable.
A manager with post-traumatic stress disorder has accused an employer of having "no care factor", claiming that with the right support and adjustments, she could have returned to work.
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.
