It was unfair to dismiss an employee who vented her frustrations about COVID-related work changes on social media and whose performance was "occasionally deficient", the Fair Work Commission has found. » more »
An employer's process, in sacking an employee who had made misconduct complaints about a colleague, has been upheld as fair and reasonable. » more »
An employer has failed to block a stop-bullying claim it argues is "speculative" due to the worker's ongoing absence. Meanwhile, an "ideal" candidate who wasn't hired has lost his discrimination claim. » more »
An employer was understandably alarmed at discovering an employee conducting a self-described "side hustle", but it acted "too hastily" in dismissing him, the Fair Work Commission has ruled. » more »
An employer and a workplace health advisor have failed on appeal to prove that displaying a poster of a female employee did not constitute s-xual harassment because it was intended as a safety reminder. » more »
An employer failed to conduct an open and transparent investigation into an employee's alleged misconduct, but this didn't warrant upholding her dismissal claim, the Fair Work Commission has ruled. » more »
An employer acted with "undue haste" in fast tracking two warnings about a manager's misconduct, when it would have been "relatively easy" to obtain her response to its allegations before sacking her. » more »
A supervisor's approach to managing an employee's workplace behaviour was not heavy-handed or unreasonable, the Fair Work Commission has ruled in refusing to make a stop-bullying order. » more »
A senior manager who suffered a mental breakdown has successfully claimed his "brutal" dismissal was adverse action, resulting in more than $5.2 million in damages and fines. » more »
An "argumentative and difficult" employee with a history of misconduct was unfairly sacked partly because his employer advised him of its decision via email, the Fair Work Commission has ruled. » more »
Sign up now for your complimentary HR Daily newsletter subscription and gain access to all of our free editorial, as well as special offers and event invitations.
With no signs that the #metoo movement is slowing down, high-profile sexual harassment cases continue to shine a spotlight on employers' inactions and failings in this area. Understand how to plug the gaps between legal obligations and best practices by attending this HR Daily Premium webinar.
