Employer 'ignored' post-lockdown RTW requests, stand down unfair
An employer effectively stood down a worker when it ignored her requests to return after lockdowns lifted, and has to compensate her for 19 weeks of lost pay. » more »
Compliance & case law (872 items)
Refusing to delay meeting was unreasonable, caused psych injury
A manager and HR business partner who refused to delay a performance meeting so an employee's preferred support person could attend had no reasonable grounds for doing so, a tribunal has ruled. » more »
Redundancy consultation obligations apply regardless of outcome
An organisation that decided to make an employee's position redundant and terminated her employment on the same day has failed to convince the Fair Work Commission that it either didn't need to consult her, or already had. » more »
Host employer wins appeal against "inappropriate" reinstatement order
A host employer has successfully appealed against orders to reinstate a worker who was banned from its site due to misconduct. » more »
Employee wrong to believe he had "total control" over workplace return
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 »
Webcast: HR hot spots 2021
HR has never been so challenged, important and busy, with no signs of slowing down. In this webcast, a lawyer discusses the most pressing issues HR professionals are likely to face during 2021 and how to prepare for them. » more »
Q&A: Managing workers with secondary employment
The pandemic has increased the number of workers engaging in secondary work or 'side gigs', with serious implications for employers. This Q&A addresses critical policy and practice considerations. » more »
Secondary employment was misconduct, dismissals upheld
An employee breached her duty of fidelity to her employer by running a business that directly competed with it, the Fair Work Commission has ruled in finding her misconduct termination fair. Meanwhile, two other employees have lost similar unfair dismissal claims. » more »
Rossato ruling a "warrant" for double-dipping: WorkPac
The Full Federal Court's ruling in Rossato v WorkPac is effectively a "warrant" for employees to double-dip on wages, and suggests "justice and the law... have parted company", the employer is arguing before the High Court. » more »
Employee's "novel" argument fails, employer didn't force resignation
An employee who unsuccessfully sought to withdraw her resignation after the employer accepted it has failed to prove she was unfairly dismissed. » more »
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