The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.
Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.
After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
It's becoming increasingly difficult for employers to defend general protections claims, according to a lawyer calling on HR to apply more rigour in all termination processes.
Holding conflicting views about an organisation's management and "purpose" was never going to allow for smooth sailing in an employment relationship, the Federal Circuit Court has noted in adverse action proceedings.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
Blaming a general manager for stalling a redundancy consultation process, when the purpose of any further discussion remained "opaque", was "self-serving and disingenuous", the Fair Work Commission has ruled.
The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
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.
