An employee's frustration over his perceived unequal treatment at work didn't warrant the excessive number of harassing text messages he sent his HR manager, the Fair Work Commission has ruled in upholding his dismissal.
The way misconduct allegations are put to an employee can have a significant impact on a workplace investigation, and is an area where employers often come unstuck, according to a lawyer.
An employee sacked for misconduct has won an appeal against his dismissal due to flaws in the investigation, which included "inexplicable and unconscionable delay".
Many redundancy decisions put on hold by JobKeeper 1.0 are now back on the agenda, and a lawyer warns that making fair, defensible decisions about who to select and why will take some careful consideration.
The Fair Work Commission has upheld an employee's unfair dismissal claim despite "some level of underperformance". Also in this article: new cases on 'reasonable management action', workplace investigations gone wrong, redundancies and more.
With JobKeeper 2.0 changes coming into effect later this month, an employment lawyer has answered questions from HR Daily Premium members about the new regime.
Turbulent times can bring out the worst in leaders, but a specialist says understanding four 'caricatures' can help employers identify and address unhelpful behaviour patterns.
An employee who was "clearly" frustrated about his delayed return to work after an injury deserved to be dismissed for his derogatory comments to an HR manager, the Fair Work Commission has ruled.
A "massive paradigm shift" is underway in employment as cost-conscious organisations opt for contracting over permanent headcount, a workforce strategy specialist says.
The CEO of an HR services provider who was sacked for serious misconduct is claiming her dismissal was unlawful adverse action. And IBM is backpaying its employees more than $12m after failing to ensure its annualised salary arrangements complied with all relevant modern awards.
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.
