Employers' duty to consult about major workplace change should only be triggered after a "definite decision" has been made, the Fair Work Commission has determined for the purpose of drafting model EA terms. However, it flagged that the topic will receive further consideration later this year.
Despite defending an unfair dismissal claim from a worker it had "every right" to sack, an employer has failed to win an order for all of its legal costs.
The new 'unfair contracts' jurisdiction cannot deal with disputes about the conduct of parties to a contract, the Fair Work Commission has clarified in dismissing a home-care contractor's claim.
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.
