It was unfair to dismiss an employee who vented her frustrations about COVID-related work changes on social media and whose performance was "occasionally deficient", the Fair Work Commission has found.
The Fair Work Commission has rejected arguments that an employer could avoid paying a sacked manager in lieu of notice because he was receiving workers' compensation at the time.
An employer has failed to block a stop-bullying claim it argues is "speculative" due to the worker's ongoing absence. Meanwhile, an "ideal" candidate who wasn't hired has lost his discrimination claim.
An employer was understandably alarmed at discovering an employee conducting a self-described "side hustle", but it acted "too hastily" in dismissing him, the Fair Work Commission has ruled.
An employer and a workplace health advisor have failed on appeal to prove that displaying a poster of a female employee did not constitute sexual harassment because it was intended as a safety reminder.
An employee has lost her chance at an adverse action appeal; meanwhile her support person is being referred to Police after overstepping his role and sending a series of "abusive" emails to the Fair Work Commission.
It was "unrealistic" to expect an employer to wait for an injured employee to undergo therapy before dismissing him for being unable to perform the inherent requirements of his role, the Fair Work Commission has ruled.
An employer acted with "undue haste" in fast tracking two warnings about a manager's misconduct, when it would have been "relatively easy" to obtain her response to its allegations before sacking her.
An employer's inconsistent disciplinary response to a workplace incident rendered a supervisor's dismissal unfair, the Fair Work Commission has ruled in ordering reinstatement.
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.
