A dismissal meeting that "blindsided" an employee accused of misconduct while on annual leave "should never have occurred in the way it did", the Fair Work Commission has chided.
The casuals provisions in the IR omnibus bill would completely remove the uncertainty employers now face around casual employment and their potential for double-dipping claims, an employment lawyer says.
Enterprise bargaining changes in the IR omnibus bill will help ensure the BOOT is applied in the way legislation initially intended, helping more enterprise agreements get approval more quickly, an employment lawyer says.
An employer has to compensate an employee for a workplace-bullying-related psychological injury, after it failed to prove it had a reasonably arguable case to dispute her claim.
'Part-time flex' employment is being proposed in this week's IR omnibus bill, while other newly announced measures include a criminal offence of wage theft, and extending pandemic-related flexibilities.
The Fair Work Commission has accepted an employer's claim that its procedural failures when dismissing an underperforming manager didn't matter to the usual degree, because he had completed the minimum employment period only 11 hours earlier.
Employee resignations are on the rise, and so are disputes about whether they are genuine, or constructive dismissals. This Q&A discusses protective and preventative steps employers can take.
An employee who was "coasting along" under a remote manager has successfully challenged his dismissal, on the basis he was never properly warned that his performance wasn't up to scratch.
A manager should have better controlled his "easily triggered" temper, the Fair Work Commission has said in upholding his dismissal for verbally abusing a female colleague.
Making employment laws fit for purpose will require much more than "tweaks", and already there appears to be a lost opportunity for input beyond the "usual suspects" with entrenched views, an IR heavyweight says.
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.
