Performance conversations that weren't as "overt" as they could have been contributed to an employee's confusion regarding the reasons for her dismissal, but her employer's decision wasn't unlawful, the Fair Work Commission has ruled.
An employer has failed to prove that it didn't dismiss a worker when it repeatedly refused her requests for part-time work after a period of parental leave.
It was retaliatory and "cold-hearted" of an HR manager to ask an absent employee to attend meetings, and to repeatedly deny his requests for annual leave after his sick leave ran out, the Federal Circuit Court has found in upholding his adverse action claim.
An employer that stopped rostering a casual worker after she lodged a stop-bullying application effectively sacked her, according to the Fair Work Commission, meaning it now has to face her general protections claim.
Failing to provide light duties for six months, in line with doctors' recommendations, was unlawful because it "disregarded" the injured employee's right not to be exposed to workplace hazards, the Federal Circuit Court has ruled.
An employer has failed to convince a Federal Court full bench that a director merely acted upon an HR specialist's recommendation to dismiss an employee for misconduct, and wasn't driven by an "improper motive" when making her decision.
"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.
Allowing a supervisor to retract his resignation on the condition of returning to work as a team member amounted to a dismissal, the Fair Work Commission has ruled.
Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
