An employer's failure to include a critical safety rule in its 'consolidated' D&A manual has undermined its objection to reinstating a worker sacked for breaching its policy.
In finding today that the risk of an employee's psychiatric injury was a "serious possibility" after his botched dismissal process, the High Court has nonetheless determined not to rule on whether employers' duty of care extends to disciplinary and termination events.
The High Court has restored a $1.44 million damages award to an employee who had a "catastrophic" reaction to his misconduct dismissal, with the majority ruling that when the employer didn't follow its disciplinary policy, it breached the worker's contract.
A leader whose meeting about Christmas party conduct has gone viral has been praised as "refreshingly authentic", while some of his comments raise "red flags".
Blocking out unauthorised time in her calendar and using a "workaround" instead of established process didn't justify dismissal, but an employee went too far when she ignored policies and put clients at risk, the Fair Work Commission has ruled.
Leadership is the first of seven areas employers must address to meet their positive duty to eliminate s-xual harassment, but what is "proportionate and appropriate" will vary between organisations, a workplace lawyer says.
Although Respect@Work legislation has been in place for some time, employers' responses vary greatly on the spectrum between non-compliance and best practices. Watch this HR Daily Premium webcast to lift your organisation's game on this critical issue.
A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.
A full bench of the Fair Work Commission has set out some minimum requirements for a workplace D&A policy to be considered "intelligible" to the relevant employees, in dismissing an employer's reinstatement appeal.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
