An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.
A Fair Work Commission full bench has affirmed the principles of what constitutes work-related conduct out-of-hours, in upholding an employer's appeal against a reinstatement order.
It was unfair to dismiss an employee for engaging in a consensual "interaction" on a work retreat, the Fair Work Commission has found in ordering his reinstatement and six months' backpay.
Spreading "fear mongering rubbish" on social media and attending a large protest during COVID lockdowns last year made an employee's dismissal valid, but her "dire" financial circumstances at the time rendered it harsh.
An employer has defended sacking a manager for being "out of his depth" when it came to implementing procedures, training subordinates and generally connecting with colleagues.
An employer's immediate and "considerate" response to an employee's workload complaints didn't mitigate the fact it asked "too much" of her over an extended period, making it liable for her psychological injury.
New vaccination-related disputes are being determined almost daily, and this area is set to remain a key challenge for HR. Watch this HR Daily Premium webcast to understand the most important rulings and their implications for employers.
An employer was under no obligation to give an employee time to "become comfortable" with the idea of getting a COVID vaccination, the Fair Work Commission has ruled.
An employee whose attitude "spiralled downwards" after she became concerned about a co-worker's criminal history has failed to prove she was unfairly sacked for misconduct.
It was not just "clumsy or unprofessional" but also unreasonable to suspend an employee "out of the blue", a tribunal has found in awarding compensation for a psychological injury.
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.
