A worker's repeated refusals to follow dispute resolution procedures when complaining about bullying amounted to "rank insubordination", and warranted his dismissal, the Fair Work Commission has ruled.
In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Employers are occasionally tempted to "get tricky" with the Fair Work Act's support person provisions, but a workplace lawyer warns that cutting corners in an attempt to expedite disciplinary matters can come back to bite them.
Employers and HR professionals should ensure their social-media policies and training clearly cover use of digital photography, with photo-sharing apps creating a host of new bullying, harassment and other risks to manage, according to Holding Redlich senior associate Joel Zyngier.
Employers that have permitted a culture of inappropriate emails and other poor behaviour can't simply pick and choose when they will discipline workers for misconduct, a Fair Work Commissioner has ruled.
An employer was right to sack a worker for making racist comments on a public two-way radio, despite the fact he had worked at the company for more than three decades and was under personal duress at the time, the Fair Work Commission has found.
A worker who initially refrained from reporting s-xual harassment, due to an executive's insensitive remarks, has been awarded nearly half a million dollars in damages from a contractor.
Performance reviews and disciplinary processes that can withstand outside scrutiny will become even more critical when the Fair Work anti-bullying regime comes into force next year, according to DLA Piper partner Murray Procter.
Two employees who were sacked after they punched a supervisor in the head were unfairly dismissed, the Fair Work Commission has found, in a case that illustrates the dangers of "unsophisticated" HR management.
Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
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