An employer that mistakenly believed it was justified in dismissing an employee who was absent for more than three months could potentially have relied on a different - but valid - reason for termination, the Fair Work Commission has ruled.
Do you know how a business sale, insourcing or outsourcing decisions affect employment arrangements and employees' entitlements? This webcast explains the HR implications of these transactions.
Should an employer provide allegations to workers accused of misconduct before meeting with them? When should employers become involved in misconduct that occurs outside of work? Who should receive a copy of an investigation report? These and more questions are answered in this Q&A.
Two employees who lost more than 2,000 hours in sick leave credits after their publicly owned employer became a private entity have failed to convince a commission that their employment was merely "transferred", and their accruals should have been, too.
An employer has successfully defended a claim from an HR team member whose role was made redundant soon after he filed a bullying complaint, in a case that shows businesses shouldn't fear the general protections laws when they have a legitimate reason for termination.
Mishandling a workplace investigation is one of the surest ways for your organisation to end up defending an employee claim. Watch this webcast to understand how to investigate misconduct allegations while minimising your legal exposure.
Do you know how a business sale, insourcing or outsourcing decisions affect employment arrangements and employees' entitlements? Learn about the HR implications of these transactions at our webinar on 8 October. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access.
Persistently difficult employees should be given a right to respond to misconduct allegations before dismissal decisions, even in cases where it seems doing so won't make a difference, the Fair Work Commission has highlighted.
A worker who suffered numerous incidents of "unreasonable behaviour" at work has failed in his stop-bullying application, because they involved different managers and therefore weren't repetitious.
The Fair Work Commission has banned a manager from contact with two employees for two years, in only the second orders it has issued under the anti-bullying regime.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.