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 »
Remote work is taking a toll on workplace relationships, with bullying and micromanagement complaints rising due to poor online etiquette, an investigations specialist says.
» more »
A labour hire employee who delayed making an unfair dismissal claim because he worried it would harm his employment prospects with the host organisation has lost his appeal for an extension of time.
» more »
An employee's failure to involve HR in a misconduct investigation she had complaints about has undermined her claim that she was forced to resign.
» more »
An employer that dismissed its 'worst salesperson' for failing to meet his targets acted unfairly because he received no formal, personal warnings, the FWC has found.
» more »
An employee's "naïve belief" that he could unilaterally decide when he would return to his workplace was a valid reason for dismissal, but his employer's "severely flawed" process made it unfair.
» more »
An employee who has been jailed until 2026 over sexual assault has failed to convince the Fair Work Commission his unfair dismissal application should proceed. Also in this article, new case law on stand downs, rescinded resignations, and more.
» more »
An employer has been cleared of unfair dismissal after making a pregnant worker's role redundant, causing her to lose her work visa. Also in this article: new rulings on mandatory vaccinations, workplace investigations, casual employees, and more.
» more »
The Fair Work Commission has chastised an HR manager who failed to notify an employee of his dismissal because he "knew it would not go smoothly".
» more »
An employer that asked an employee to resign following drug-use allegations acted unfairly and with limited proof, but subsequent evidence outweighed its procedural flaws, the Fair Work Commission has found.
» more »
Sign up now for your complimentary HR Daily newsletter subscription and gain access to all of our free editorial, as well as special offers and event invitations.
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.