Modern awards should be clearer and easier to apply, to help employers avoid inadvertent underpayments, and the Australian Government should clarify the availability of a due diligence defence in criminal matters, a wage theft inquiry has recommended.
The absence of evidence from a director closely involved in the sacking of a "serial complainant", after he assaulted a colleague at work, has undermined an employer's defence to his adverse action claim.
It's relatively rare for discrimination claims to proceed to a final hearing at the federal level, but some recent decisions provide "really valuable guidance for employers", a lawyer says. Read our webcast description here then watch the full presentation with premium membership.
A discussion that followed a heated workplace argument was "objectively clear" in addressing conduct standards, and wasn't intended as a dismissal, the Fair Work Commission has found.
What constitutes reasonable action in a performance management scenario is illustrated well in a recent Fair Work Commission decision, a workplace lawyer says.
An injured worker who was medically restricted to working from home was dismissed when his employer said it wouldn't offer further duties unless he returned to its office, the Fair Work Commission has found.
An appeal bench has delivered a scathing rebuke of a worker who relied too heavily on AI tools when filing his application and emailing the Fair Work Commission.
An employee's attempts to delay a final decision about her dismissal by refusing to sign medical authorisations "resulted in the opposite of its desired effect", the Fair Work Commission has found in unfair dismissal proceedings.
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.
