HR Daily

This week's top stories in brief

25 September 2020 11:13am

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An employer took all appropriate steps before sacking a worker whose office was 'as messy as a boy's bedroom', and who claimed to be so bored he would sleep on the job. The FWC found he was apathetic towards his work despite "substantial" warnings and a clear performance improvement plan.

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Reform proposals for casual employment, awards and other IR areas are expected any day now, and employers are being warned they will require "compromise" after the working groups failed to reach strong consensus. Also in this article, new case law on misconduct dismissals; JobKeeper 2.0 regulations; and more.

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Encouraging people back to physical workspaces requires a mix of employer branding to "re-recruit" existing employees, along with an approach almost like the formal return-to-work plans that follow injuries, according to Peak Corporate Solutions founder Malcolm Peak. The "ultimate question" is why should they come back?

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A court has ordered an employer to pay a senior executive more than $1.1 million in damages after it sacked her without reasonable notice, in breach of an employment contract she never signed. It found the executive's failure to sign the contract for her new role was not evidence of the parties' "mutual intention" to be bound by her original contract with a shorter notice period.

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An employer showed "incredible latitude" before sacking an employee who stymied every attempt it made to ensure she was fit for work. The FWC said she "acted as though this was a game of semantics – one she could engage in until she wore [the employer's] staff down and/or achieved her own objective and returned to work".

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An employer that sacked a worker for 'time theft' did not have to warn him first that such action constituted serious misconduct. Workplace Wizards senior workplace relations consultant Nathaniel Ganeson says the FWC decision reinforces long-standing principles around misconduct dismissals.

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Leaders have an inflated view of how well employees are coping with development, feedback, recognition and connection while working remotely, new research suggests. HFL Leadership's Darin Fox says leaders' efforts at engaging remote teams have had varying levels of success.


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