Employers don't have to warn employees not to act dishonestly, nor provide them with detailed allegations prior to a disciplinary meeting, the Fair Work Commission has reconfirmed in rejecting a worker's unfair dismissal claim. » more »
An employee's frustration over his perceived unequal treatment at work didn't warrant the excessive number of harassing text messages he sent his HR manager, the Fair Work Commission has ruled in upholding his dismissal. » more »
An employee sacked for misconduct has won an appeal against his dismissal due to flaws in the investigation, which included "inexplicable and unconscionable delay". » more »
An employee who was "clearly" frustrated about his delayed return to work after an injury deserved to be dismissed for his derogatory comments to an HR manager, the Fair Work Commission has ruled. » more »
The CEO of an HR services provider who was sacked for serious misconduct is claiming her dismissal was unlawful adverse action. And IBM is backpaying its employees more than $12m after failing to ensure its annualised salary arrangements complied with all relevant modern awards. » more »
An employee accused of spreading rumours about her boss has successfully argued she was constructively dismissed following a "humiliating" investigation process. » more »
An employee's bid for interim orders restraining her employer from disciplining or dismissing her until her stop-bullying application is finalised has been rejected on appeal. » more »
An employee with a history of "wilful misconduct" incidents has failed to argue his behaviour wasn't serious enough to warrant termination. » more »
An employee has failed to claim he was unfairly dismissed for coughing in a nurse's face while she took his temperature. Meanwhile "legacy" JobKeeper employers will retain some stand down flexibilities under proposed changes to the scheme. » more »
An HR manager's dismissal process was "riddled with flaws", the Fair Work Commission has ruled in upholding a claim despite a valid reason for termination. » 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.
