An HR manager has been criticised for giving "poor" advice that an employee should be sacked for breaching an "inherent requirement" of his position description.
An employer that sacked three employees for misconduct, without investigating whether their actions were an accepted practice as they claimed, has been ordered to reinstate them with continuity of service and backpay.
A rise in employees "weaponising" bullying allegations for strategic reasons now requires a more measured response from HR, according to an employment lawyer.
An employee's choice of support person can make the difference between a fraught process and a smooth one, but confusion abounds about what constitutes an appropriate support person, and the role they're meant to play, a lawyer says.
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.
An employee who was threatened and assaulted by another worker has been awarded compensation for a psychological injury, after a commission found the employer's investigation into the incident was unreasonable.
An employer's "blanket rule" not to tolerate violence in any circumstances was not "valid, fair, or practicable", the Fair Work Commission has ruled, in finding an employee was unfairly sacked after a physical altercation.
A manager who was accused of domestic violence towards a work colleague has failed to prove his "very ugly" out-of-hours texts to her didn't warrant his dismissal, despite the Fair Work Commission finding his employer's process was "defective".
It was "extremely unfair" for an employer to rely on historical – and resolved – performance issues when dismissing an employee, the Fair Work Commission has ruled in awarding him maximum compensation.
An employee "blatantly" lied to his employer when he said he wasn't recording their meetings, the Fair Work Commission has found, ruling this post-dismissal discovery foiled his case.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.