An employee's opportunity to respond before he was sacked for serious misconduct was too "narrow in scope", an FWC full bench has ruled, while nonetheless upholding the dismissal as fair.
Two managers could have handled certain situations better, according to the Fair Work Commission, but it has stopped short of granting stop-bullying orders to an employee who claimed he was "insulted and humiliated" by them.
The fact that a psychological assessment process lacked transparency was not enough to render an employee's dismissal unfair, the Fair Work Commission has ruled in rejecting an employee's appeal.
An employer has successfully appealed an order for it to reinstate a senior executive and backpay him $1 million, after a full Federal Court found the primary judge took an incorrect approach in assessing the evidence of the case.
A recruitment company used a stand-down direction to force a state manager to resign, so it could avoid paying her contractual entitlement to three months' notice, the Fair Work Commission has ruled.
An employee sacked for deliberately misusing his company credit card has been awarded compensation for unfair dismissal after the Fair Work Commission found his employer's response was "severely flawed", and amounted to an ambush.
A court has ruled two workers breached their employment contracts, in the absence of any restraint terms, after retaining confidential client information and establishing a competing business.
An employer has failed to argue it "broadly complied" with redundancy consultation obligations, with the Fair Work Commission saying the steps it took could "never constitute meaningful consultation".
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.
