Undertaking "preparatory steps" to establish a competing business while still employed will rarely be considered a breach of fiduciary and contractual obligations, a full bench of the Fair Work Commission has highlighted, in refusing an employer's unfair dismissal appeal.
The Fair Work Commission is allowing a late general protections claim to proceed, after an employer advertised a "similar" job to one it made redundant, just one day after the three-week time limit expired.
When a senior leader at the ABC sacked an employee who expressed a political view on social media, he disregarded warnings that it "would be worth looping in P&C" to ensure the employer's established disciplinary process was followed, the Federal Court has noted in ordering pecuniary penalties.
An employee had no choice but to resign after she complained about s-xual harassment and then wasn't properly informed of the investigation's outcome, the Fair Work Commission has ruled.
An employee's failure to notify his ongoing absence after annual leave was a valid reason to dismiss him, but the employer's informal management approach and lack of procedural fairness warranted his reinstatement, the Fair Work Commission has ruled.
When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.
Prescriptions for medicinal cannabis are on the rise, and while some products don't have the psychoactive effects of others, they could still impair a person's fitness for work, a lawyer warns.
A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.
A casual employee whose engagements were described as "ad hoc and sporadic" had unfair dismissal protection and was sacked without a valid reason, the Fair Work Commission has ruled.
An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
