Mischaracterising a performance issue as misconduct is a common mistake that can significantly undermine an employer's defence of unfair dismissal claims, a lawyer says.
Frustration with an employee who acted unprofessionally should not have coloured an employer's perception of whether her "disrespectful" comments amounted to a resignation, the Fair Work Commission has found.
Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.
Only slightly more than half of Australian Gen Z employees say their current job aligns with their ideal career, and just 6% plan to stay for a long time in their role, according to a new report.
Employers need strong policies and programs for psychosocial risk management, but to move from "talking the talk", to "walking the walk", they also need to improve their support for line managers, a workplace psychologist says.
The reverse onus of proof in adverse action cases shouldn't be a "free kick" for employees to name numerous decision-makers without properly identifying their role in alleged contraventions, an employer has argued.
Enterprise bargaining reforms have added a great deal of uncertainty to the negotiating process, because the prospect of an intractable bargaining determination makes it less likely that either side will end up with the outcomes it wants, according to an employment lawyer.
Employers can't force their leaders to get more sleep, but they can educate them about a simple formula that makes a big difference, according to an executive coach.
Private workplace messages may well have been "venting", but in body-shaming a manager and encouraging gendered violence they were also inappropriate and warranted discipline, a commission has ruled.
Workplace neurotechnology, including wearable fatigue-tracking and monitoring devices, should be prohibited except in the most serious, high-risk safety scenarios, a new report says.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.