Accepting an employee's resignation without clarifying a misunderstanding about her role amounted to a constructive dismissal, the Fair Work Commission has found.
Being sacked for serious misconduct after regularly complaining of workplace bullying and harassment would have made a manager feel like "a grave injustice had been perpetrated", the Federal Circuit Court has accepted in adverse action proceedings.
When world news spills into the workplace it can stir up a range of stress responses, requiring managers to take a trauma-informed approach and create "steadiness" for their people, according to a leadership specialist.
The Federal Circuit Court has ordered an employee to pay $125k of his employer's legal costs, finding his actions during general protections proceedings were "so manifestly unreasonable, there must be consequences".
The Fair Work Commission has agreed to redact certain parts of a published decision, after an HR manager belatedly realised it would include "sensitive personal and medical information" she submitted as evidence.
A recent general protections penalty decision contains three major lessons for employers about this "different beast" of a regime, according to a workplace lawyer.
The brain focuses more on incomplete tasks than finished ones, according to an accredited coach, so if leaders don't practise "mental decluttering" the resulting build-up can become a major drain on their energy.
A manager should have realised that a $2.2 million offer to settle his long-running adverse action case was the best outcome he could realistically expect, the Federal Court has commented, in making a costs order against him.
Employers and HR practitioners continue to make some avoidable mistakes after dismissing employees, which increase their likelihood of losing claims in the Fair Work Commission, a workplace lawyer says.
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.
