Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to the Fair Work Commission.
Job-share requests made by two employees over 55 lacked the required nexus with their age to be validly made, the Fair Work Commission has ruled, dismissing the disputes.
Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.
A physical altercation at a "kick on" after a Christmas party was work-related, even though the event was "not in any way organised authorised or proposed" by the employer, the Fair Work Commission has found.
Despite 50 years of anti-discrimination legislation, workplaces are still struggling with the basic concept of inclusion, and it's time to reframe it as "a human right", a leadership forum has heard.
Bringing a prohibited item to a workplace demonstrated an "astonishing" lack of judgement that went beyond "simply misguided", the Fair Work Commission has found, in upholding an employee's dismissal as fair.
It wasn't harsh or disproportionate to sack an employee who'd repeatedly been warned about starting work late and failing to show up for shifts, despite his claim that the final time was "a genuine mistake", the Fair Work Commission has found.
The "patchwork" of employment histories relevant to an underpayments claim should most likely be collated and made sense of by AI tools, a Federal Court judge has said, in directing the parties to agree on and propose a protocol for the task.
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 discusses alternative options and how to determine which is best in various circumstances.
An employee who claimed her ADHD caused colleagues to misinterpret her actions or "scapegoat" her was not unfairly dismissed, according to the Fair Work Commission.
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.
