Withdrawing a job offer after a candidate made "persistent phone calls and negative comments" could not have been an "illegal termination", because no employment relationship yet existed, the Fair Work Commission has found.
An executive's acceptance of a mutual separation offer via email amounted to a binding settlement, even though he never signed the deed of release, the Fair Work Commission has found in throwing out his general protections dispute.
Regularly pressuring an employee to work overtime posed a "real risk" to his health and safety, and was just one example of the repeated unreasonable conduct that forced him to resign, the Fair Work Commission has ruled.
A young white employee "imputed with conservative political beliefs" has had his general protections bid thrown out, after a court found his claim was largely a "crusade" against diversity and inclusion.
The prospect of general protections claims lodged on the basis of employees' "future workplace rights" is an important area for employers keep an eye on, a lawyer says.
Frustrated by his workload, an employee quit "impulsively and under some pressure", but confirming his intentions an hour later meant the employer was entitled to treat his resignation as "unambiguous", the Fair Work Commission has ruled.
An employee, who asked to reduce her hours when returning from parental leave, did not effectively resign when she indicated that she wouldn't return to a full-time position, the Fair Work Commission has found.
An employee had "untenable" expectations for workplace adjustments, the Fair Work Commission has found, given she hadn't disclosed a psychological condition to her employer.
General protections claims show no signs of slowing down, and six-figure compensation orders aren't unusual. Watch this HR Daily Premium webcast to refresh your knowledge of the Fair Work Act's adverse action provisions and learn how the jurisdiction is evolving.
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.
