In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
An employer's decision to sack a worker for serious misconduct would have been unfair were it not for facts that emerged immediately after his dismissal, the Fair Work Commission has ruled.
An employer that was unaware of an employee's diabetes, or how increasing his workload would affect him, has been found guilty of indirect discrimination.
The Fair Work Commission has praised Telstra's approach to performance managing and ultimately dismissing an employee who repeatedly failed to meet her targets.
An employer that sacked a worker for swearing at his colleagues has been ordered to reinstate him, with the Fair Work Commission finding a "plethora" of reasons made his dismissal unfair.
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.
