"Simple life experience" should have taught an employee not to bully and humiliate his co-worker, according to the Fair Work Commission, but a lack of evidence that he was trained in workplace policies meant his dismissal was harsh.
Employers continue to face shifting boundaries regarding their ability to address misconduct that occurs outside the workplace or normal working hours. Watch this webcast for an update on recent case law and best practices.
The ABC's employee complaints process is "not straightforward" and lacking in follow-up, to the extent that calls into question its ability to ensure a safe workplace, a review has found.
Traditional HR approaches to managing bullying risks are "simply not keeping up with the complexity of the modern-day workplace bully", according to a workplace relations expert.
An employee's failure to declare medication he was taking for mental health issues denied his employer the opportunity to assess whether it posed any workplace risks, the Fair Work Commission has found in upholding his dismissal.
Summarily dismissing a worker for evading a drug test was warranted, despite his claims he had "defecated in his pants" and needed to rush home, according to the Fair Work Commission.
The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.
The employees who right-to-disconnect laws aim to help might be those least likely to benefit, according to a workplace lawyer who is concerned the entitlement will be exploited.
An employer was entitled to conclude an employee was under the influence of dr-gs when he was involved in a safety incident, despite failing to test him as required by its own D&A policy, the Fair Work Commission has ruled.
Most employers appear to remain unaware of the extent of their legal duties towards employees affected by family and domestic violence, a lawyer warns.
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.
