An employee's participation in s-xualised banter "from time to time" didn't mean she welcomed a supervisor's proposition, the Federal Court has stated, in finding her employer vicariously liable for his conduct.
A worker who was denied employment after being injured during a trial shift can't proceed with a general protections dismissal claim, the Fair Work Commission has ruled.
A 72-year-old worker denied casual conversion wasn't "the victim of a complex conspiracy", the Federal Circuit Court has ruled, in dismissing his general protections claim.
When a manager discussed an employee's pregnancy with her colleagues without her consent she wasn't left with no choice but to resign, the Fair Work Commission has found, in dismissing her general protections claim.
The Fair Work Commission has allowed a general protections dismissal claim to proceed against an organisation, despite it not directly employing the worker who alleges she was sacked at its direction.
The Fair Work Commission will be able to resolve disputes about whether an employee has been dismissed without conducting a hearing, under proposed changes to the Fair Work Act.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Watch this HR Daily Premium webcast for an up-to-date review of the legal framework and key rulings.
General protections breaches "should never be treated as an acceptable risk of doing business", a Federal Circuit Court judge has stressed, in awarding about $90k to "a most difficult and challenging employee".
It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
