An employee who says he joked about making a fraudulent compensation claim but had no intention of following through was unfairly dismissed, the Fair Work Commission has found, rebuking his employer for using a hasty investigation and flimsy evidence to bolster a "highly speculative" allegation. » more »
An "unusual" unfair dismissal case highlights the potential risks employers face when trying to comply with strict whistleblowing laws and procedural fairness requirements during disciplinary matters, a workplace lawyer says. » more »
Employers are receiving mixed messages about their COVID-19 vaccination rights, which could end up in a common law "battle", lawyers say. Also in this article, why proper HR is the solution to Parliament's s-xual harassment issue. » more »
An employee who was "clearly" aggrieved by how her employer handled her post-injury return to work has failed to prove her redundancy was a "sham" to replace her. » more »
HR functions made "significant strides" last year in their use of data and analytics, and organisations fall into three main categories when it comes to their level of sophistication, a Mercer expert says. » more »
A long-serving employee's dismissal for one instance of misconduct should reinforce to workers that complying with policies "is not optional" and ignoring them can have serious consequences. » more »
An employer's disciplinary approach wasn't "punitive" and unsympathetic; rather it tolerated an employee's inappropriate behaviour for years out of a misplaced "sense of compassion", the Fair Work Commission has found in rejecting an dismissal claim. » more »
An employee who searched ANZ Bank's database for family members, former and current employees, and a local celebrity has failed to convince the FWC her sacking was unfair. Also in this article, new rulings involving bullying, psych claims, performance and more. » more »
An underperforming employee who normally would have been sacked during probation "slipped through the cracks", but his manager's diligent performance management process made the dismissal fair. » more »
An employee suffered a psychological injury after a "finger pointing incident" at work and was entitled to compensation, a tribunal has found. » more »
This HR Daily webinar will discuss employers' legal obligations around mental health issues; tips for managing performance, disciplinary and investigation processes where mental illness might be involved; special considerations in light of COVID-19; and much more.
