An employer has been ordered to reinstate a worker it sacked for making racist remarks and calling a female colleague a "c-nt", after a commission found his long tenure and contrition mitigated his misconduct.
Probation and minimum employment periods are distinct concepts, but confusion between the two causes many workplace disputes. This Q&A sets out the difference, along with best-practice approaches.
A Fair Work Commission full bench has rejected an employee's unfair dismissal appeal, despite finding a Commissioner was wrong to "protect" him by refusing to admit certain medical evidence in the original hearing.
An employee subject to an injunction has been further restrained from trying to solicit employees away from a workplace relations advisor to a potential competitor.
An employee who said she'd escalate allegations of s-xual harassment if her employer wouldn't sign a deed of release didn't repudiate her employment contract, the Fair Work Commission has found.
An employee who admitted to making errors in her work even after receiving a final warning did not receive "explicit and plain and clear enough" notice to make her dismissal fair, the Fair Work Commission has ruled.
An employer had valid reason to sack a worker who tried to delete its Facebook page and behaved aggressively towards colleagues, but its process was so deficient it couldn't be called "fair", the FWC has found.
The Fair Work Commission has rejected that an employee was targeted for redundancy because of his workplace safety activities, finding his evidence "inconceivable", "speculative" and "weak".
A "difficult" employee's redundancy was not a ploy to get rid of him, the Fair Work Commission has found, noting he could have been exited more cheaply and quickly by other means.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
