Misconduct dismissal fair despite HR's "inept" investigation
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 »
Bullying, harassment & misconduct (700 items)
Employer wins appeal over summary dismissal compensation
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 »
Employee accused of drug use denied fair dismissal process
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 »
Reinstatement appeal rejected; Remote work failings; and more
An unfairly dismissed employee has lost her appeal for reinstatement. Also in this article, how remote work practices are harming productivity, and where leadership capabilities are converging. » more »
Anxiety-inducing performance plan wasn't bullying
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 »
"Kitchen sink" investigation undermined valid dismissal
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 »
'Bullied' employee lacked personal insight, 'peddled false allegations': FWC
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 »
"Difficult" employee narrowly wins unfair dismissal claim
An employee who was "at best" difficult and argumentative has won compensation for unfair dismissal, after the Fair Work Commission found numerous verbal warnings didn't give him sufficient notice that termination was on the cards. » more »
FWC orders reinstatement of employee accused of criminal conduct
The Fair Work Commission has ordered an employer to reinstate an employee it reported to the police and then sacked, finding it acted prematurely and relied on retributive complaints made by her subordinates. » more »
Webcast: Unfair dismissal case law roundup
Which of 2020's unfair dismissal cases will have lasting ramifications? This webcast provides a roundup of the year's most important rulings to put your organisation on the right footing in 2021. » more »
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HR hot spots 2021
HR has never been so challenged, important and busy, with no signs of slowing down as we head into 2021. Will you be ready?
