An employer that retroactively capped an "over-performer's" commission when she achieved sales more than five times her target has failed in its appeal against a $370k damages award. » more »
The Fair Work Commission has upheld the sacking of an employee who claimed his policy breaches were "minor" and didn't warrant dismissal. » more »
Employees reluctant to return to physical workplaces are creating some "tricky issues" for HR professionals, who must consider all refusals on their merits, a lawyer warns. » more »
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 »
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 »
Being cajoled to perform on stage at an awards dinner caused a manager's psychiatric injury – but the risk was so far-fetched his employer couldn't have foreseen and managed it, a court has ruled. » more »
The employers coming closest to zero-tolerance for poor workplace behaviour are doing so through their culture, with policies taking a backseat, an academic says. » more »
Bystanders are the "critical piece of the puzzle" in addressing and preventing workplace harassment, but employers must take a nuanced approach to this area , an employment lawyer warns. » more »
The pandemic has increased the likelihood of employees committing workplace fraud, but a specialist says employers can minimise their risks by watching out for some common red flags. » 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 »
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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.
