A finding that an employee "acted with a lack of urgency" to ensure he maintained legal working rights was open to the Fair Work Commission, a full bench has confirmed in rejecting his unfair dismissal appeal.
After defending its denial of a flexible work request on reasonable business grounds, an employer must now implement the arrangements sought, because its written refusal didn't satisfy the Fair Work Act's requirements.
Despite not previously addressing an employee's inappropriate language at work, an employer has been cleared to discipline her for failing to role model "positive workplace behaviours".
A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.
A Fair Work Commissioner was wrong to dismiss an adverse action claim on the basis of a settlement being reached, in circumstances where the parties maintained their agreement wasn't binding, a full bench has ruled.
A deed of release prevented an employee from pursuing a general protections claim in the Fair Work Commission, a full bench has ruled, in refusing to disturb a finding that he signed it willingly.
A tribunal has upheld an appeal by an employee who sustained a psychological injury after being falsely accused of misconduct, in a ruling that shows employers can't just refer to their third-party contracts when relying on a reasonable action defence.
After an employer gave undertakings to keep an employee separate from his alleged bullies, and in circumstances where he seemed unlikely to return to work anyway, it wasn't wrong for the Fair Work Commission to dismiss his stop-bullying application, a full bench has ruled.
An employee who won $20k for unfair dismissal has tried to argue his compensation should have been higher, and that his employer should have been penalised for "lying and exaggerating" in its evidence.
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.
