The Fair Work Commission is set to determine whether an employer's decision to make the flu vaccination an inherent part of an employee's role was reasonable, after clearing her to pursue an unfair dismissal claim. » more »
An employer has failed to argue that a casual with six months and 10 days' service did not meet the minimum employment period because during that entire time he could not have reasonably expected his employment would be ongoing. » more »
An employer's "very difficult financial position" has not convinced the Fair Work Commission an employee should be denied redundancy pay. Also in this article, Uber Eats' settlement leaves gig work in a "grey zone" as more legal challenges loom. » more »
An employer that unfairly dismissed an employee for taking unauthorised leave has been partially successful on appeal, reducing his compensation by more than $20k. » 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 »
The Fair Work Commission has upheld an employer's dismissal of a casual who declined to work any offered shifts while receiving JobKeeper payments. » more »
A performance improvement plan (PIP) that warned of possible disciplinary action at the bottom of every page came across as punitive but didn't constitute bullying, the Fair Work Commission has found. » more »
The employer behind "one of the worst cases of management bullying" a Fair Work Commissioner has ever seen acted too harshly when it sacked a worker who was misinformed about her workplace rights. » more »
A misconduct investigation that generated 12 allegations against an employee but substantiated just six used a "kitchen sink" approach, the Fair Work Commission has found, deeming the termination harsh despite the employer's valid reason. » more »
An employee who "unfairly characterised" nearly every interaction with superiors as bullying has lost his unfair dismissal claim, with the Fair Work Commission finding he was a "peddler of false allegations". » more »
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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.
