The Federal Court has ordered the interim reinstatement of an employee sacked for poor performance, finding there was at least an arguable case he was unlawfully dismissed for making workplace complaints.
In one of the first tests of the Fair Work Act's fixed-term contract restrictions, the Fair Work Commission has found a senior HRBP's third contract was for a substantially different role and therefore didn't breach the provisions.
If an employee had provided more insight into her workplace concerns, instead of resigning, her employer might have been "more proactive" in addressing them, the Fair Work Commission has ruled.
In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.
Although a workplace had "clear" interpersonal conflict issues, an employer didn't facilitate a toxic environment that forced a manager to resign, the Fair Work Commission has found.
A Fair Work Commissioner was wrong to dismiss an adverse action claim on the basis of a settlement being reached, in circumstances where the parties maintained their agreement wasn't binding, a full bench has ruled.
The stress that an employee suffered after being accused of inappropriate workplace behaviour constituted a disability for the purpose of his adverse action claim, the Federal Circuit Court has ruled.
When an employee nearing the end of her parental leave was removed from her employer's systems and told current staffing levels were "sufficient", she was effectively dismissed, the Fair Work Commission has found.
An employer's "ongoing failure" to pay an employee's wages and superannuation on time left her with no option but to resign, the Fair Work Commission has found.
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.
After years of legislative and regulatory changes, employers' key compliance challenges continue to shift and evolve. Attend this webinar to catch up on recent developments and their HR implications, preparing you and your organisation for what lies ahead.
