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.
A worker has unsuccessfully argued that she didn't "agree" to a new casual employment contract when she ticked a box saying she acknowledged its terms.
Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.
An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
An employee has failed to prove his employer and two HR managers tried to pressure him into an "unreasonable" on-call roster, and then unlawfully sacked him after he refused.
An employee voluntarily resigned because he couldn't let go of a workplace grievance, the Fair Work Commission has ruled, finding he could have instead followed his employer's directions to stop all disrespectful communications.
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.
