A people and culture team "singularly failed" to meet with an employee in a timely manner to discuss his redeployment opportunities, meaning his redundancy wasn't genuine, the Fair Work Commission has ruled.
A recent general protections penalty decision contains three major lessons for employers about this "different beast" of a regime, according to a workplace lawyer.
A safety-critical employee, who turned up to work in an impaired and unfit state to perform his role, has failed to convince the Fair Work Commission his misconduct wasn't "serious" and he shouldn't have been summarily sacked.
An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.
After claiming there was "nothing it could have done" to prevent a manager from s-xually harassing a younger colleague, an employer has been found vicariously liable for his behaviour.
The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.
Many post-pandemic policies have broken the psychological contracts that exist between workplaces and employees, but they can be repaired, according to a global leadership expert.
To ensure they take 'reasonable management action' when handling complex workplace processes, employers need policies that provide for fairness and consistency, but also some flexibility, lawyers say.
Amid widespread concerns that managers are avoiding difficult processes due to psychosocial safety fears, a lawyer warns that this approach can actually increase the risk of claims.
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.
