Abruptly ending an employee's informal flexible working arrangement caused her to suffer a psychological injury, and wasn't 'reasonable management action', a tribunal has ruled.
An employer has successfully defended an unfair dismissal claim despite its "woeful" harassment investigation, with the Fair Work Commission finding its procedural flaws were outweighed by the gravity of the employee's conduct.
It was unreasonable to recharacterise an incident after an investigation found an employee's conduct wasn't malicious or intentional, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has criticised an employer's "awkward attempts" to retrospectively justify its hasty exit of a general manager, who was presumed to have engaged in fraudulent conduct.
There was no reason to grant an employer's appeal against a finding that it sacked an employee who had already resigned, a full bench of the Fair Work Commission has found. But in the same decision, it has more than doubled the amount of compensation payable for the unfair dismissal.
An employer didn't discriminate against an employee on the basis of his race when it told him he had to adhere to his roster, while simultaneously approving a co-worker's amendment request, a tribunal has found.
The Fair Work Commission's landmark casual conversion ruling has implications for all organisations that engage casual labour, and its circumstances would likely have "tripped up" many employers, according to a lawyer.
It was reasonable for an employer to be concerned about an employee's criminal charges and their potential implications for its female workers' safety, but it wasn't fair to dismiss him over them, the Fair Work Commission has ruled.
A manager held concerns about an employee's performance "well before" he complained about micromanagement, the Federal Circuit Court has accepted, in dismissing an adverse action claim.
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.
