A large employer designed a restructure to manage out a "difficult and litigious" senior employee who "actively and successfully" exercised her workplace rights, the Federal Circuit Court has ruled.
An employer has failed to prove a worker who had been absent for more than 12 months had abandoned his employment, with the Fair Work Commission finding he was too unwell, rather than unwilling, to return.
A casual employee who complained about being underpaid and was then punished with reduced hours had no real choice but to resign, the Fair Work Commission has ruled.
An employer did not force a worker to resign when it gave him "false hope" that he would be next in line for training and career progression opportunities, the Fair Work Commission has found.
An employee has failed to prove she was forced to resign because of her employer's lack of support following an illness, with the Fair Work Commission finding it wasn't required to offer her alternative duties.
A workplace advisor has added to its lengthy history of "problematic" conduct before the Fair Work Commission, which has formally recommended it repay a settlement sum it received on behalf of an employee.
An employer effectively dismissed a pregnant casual when it removed all of her shifts after she refused to pick up a customer order, which she believed would have exceeded her safe lifting capability, the Fair Work Commission has ruled.
An employment contract's wording meant an employer effectively dismissed a worker when its client "prematurely" ended his assignment, the Fair Work Commission has ruled, clearing him to pursue his general protections claim.
An employee who suffered from back pain because of her "big boobs" has failed to convince the Fair Work Commission she should have been allowed to return to her physically demanding role after being certified "fit for normal duties".
An HR advisor removed an employee from a casual pool because she repeatedly failed to indicate her work availabilities, and not because of her complaints and protected attributes, the Federal Circuit Court has ruled.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
