An employer constructively dismissed an employee after its HR manager failed to investigate her bullying complaints and instead accused her of misconduct, the Fair Work Commission has found.
It was unfair to say an employee "should have known" that his performance was unsatisfactory, when the employer gave him no warnings and failed to follow its own policy before summarily dismissing him, according to the Fair Work Commission.
After complaining about dangerous workplace behaviour, an employee resigned in the heat of the moment, according to the Fair Work Commission, and his employer should have waited to confirm his intentions rather than accept it.
A tribunal has upheld an appeal by an employee who sustained a psychological injury after being falsely accused of misconduct, in a ruling that shows employers can't just refer to their third-party contracts when relying on a reasonable action defence.
It "defies belief" that an employer would defend a consultation process as "best practice", when it involved informing a manager of his termination during an impromptu coffee meeting in a busy street, according to a tribunal.
In 2025 the employment law landscape will continue to evolve, as the true impact of recent legal reforms becomes clearer, and potentially with further changes to come. Watch this webcast to understand what lies ahead for HR.
An employer didn't act "with undue haste" regarding a worker whose visa renewal arrived just days after he was sacked for not having Australian work rights, the Fair Work Commission has ruled.
The Fair Work Commission has used a "rarely exercised" power to revoke an unfair dismissal ruling it made in an employee's favour, after finding she misled both her employer and the tribunal.
An employer wasn't obligated to provide a detailed employment contract for a "directly comparable" redeployment opportunity, the Fair Work Commission has found, in ruling it fulfilled its consultation requirements and the redundancy was genuine.
After an employer gave undertakings to keep an employee separate from his alleged bullies, and in circumstances where he seemed unlikely to return to work anyway, it wasn't wrong for the Fair Work Commission to dismiss his stop-bullying application, a full bench has ruled.
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.
