The Fair Work Commission has berated an employee, who continued to use AI tools to prepare his general protections claim after being warned his submissions were "incoherent" and misleading.
Despite failing to help a manager deal with a "complicated" parental leave situation, an employer has proved it didn't take unlawful adverse action against an employee, the Federal Circuit Court has ruled.
A manager's fixation on workplace bullying meant he overlooked his employer's financial reasons for dismissing him as part of a leadership overhaul, the Federal Circuit Court has ruled, in rejecting his adverse action claim.
A general protections claimant can't proceed with her action against an employer she hadn't begun working for, after the Fair Work Commission found the parties had entered a binding contract, but there wasn't yet an employment relationship capable of being terminated.
Accepting an employee's resignation without clarifying a misunderstanding about her role amounted to a constructive dismissal, the Fair Work Commission has found.
Being sacked for serious misconduct after regularly complaining of workplace bullying and harassment would have made a manager feel like "a grave injustice had been perpetrated", the Federal Circuit Court has accepted in adverse action proceedings.
The Federal Circuit Court has ordered an employee to pay $125k of his employer's legal costs, finding his actions during general protections proceedings were "so manifestly unreasonable, there must be consequences".
A recent general protections penalty decision contains three major lessons for employers about this "different beast" of a regime, according to a workplace lawyer.
A manager should have realised that a $2.2 million offer to settle his long-running adverse action case was the best outcome he could realistically expect, the Federal Court has commented, in making a costs order against him.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
