Despite an employee's "extensive" disciplinary history, a Fair Work Commission appeal bench has rejected arguments that his behaviour indicated he was unwilling to comply with workplace policies, and ordered his reinstatement.
An HR business partner's "minimal understanding" of the policy relied on to sack an employee "significantly" undermined the fairness of the dismissal, the Fair Work Commission has ruled.
A viral 'kiss cam' incident has captured the world's attention as an example of "executive enforcers getting their comeuppance", a workplace lawyer says, but it also raises some important considerations for HR practitioners.
A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
Many organisations could tighten up their processes for recruiting and managing employees who work with vulnerable people, but according to a compliance expert, there's also a major opportunity to overhaul accreditation and background-checking at a national level.
A Fair Work Commission full bench has denied an employer permission to appeal against reinstating a sacked worker, ruling there were no errors in a previous finding that the dismissal was valid, but unreasonable.
A full bench of the Fair Work Commission has upheld the reinstatement of an employee who was sacked for taking medically prescribed cannabis, despite his employer's appeal on workplace safety grounds.
Maintaining a beard was not "merely a matter of personal preference", according to a Roman Catholic employee, who claimed his employer discriminated against him when it denied him a personal protective equipment exemption.
The seven-figure damages award arising from a mishandled termination process serves as an extra reminder for employers to consider the interplay between employment contracts and company policies and procedures, a workplace lawyer says.
It was unfair to summarily dismiss an employee who had a "genuine misunderstanding" of what his employer required, regardless of his serious misconduct, according to the Fair Work Commission.
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.
