An attempt to block access to mental health records in a dispute about an employee's physical condition has failed, with a Tribunal refusing to "divorce" the two issues.
A worker on a fixed-term contract, who alleged she was "blocked" from completing the qualification she needed to become a permanent employee, was not dismissed and couldn't pursue an adverse action claim, a Fair Work Commission full bench has found.
A potential inconsistency in an employer's D&A policy did not undermine its dismissal of a worker who had breached it three times, a full bench of the Fair Work Commission has ruled.
Employers are being urged to review their PPL policies, in the wake of a finding that an employee was entitled to take paid leave as a primary caregiver, months after he had accessed paid leave as the baby's "non-primary" carer.
An employer's failure to include a critical safety rule in its 'consolidated' D&A manual has undermined its objection to reinstating a worker sacked for breaching its policy.
Employees' right to disconnect doesn't extend to Fair Work Commission proceedings, a Deputy President has stated in rejecting an employer's request for more time to prepare its defence to an unfair dismissal claim.
A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
In rejecting an employee's appeal over his failed unfair dismissal claim, the Fair Work Commission has reinforced that it does not have to make general enquiries into workplace conduct or culture to conduct a fair hearing.
An important High Court challenge regarding the scope of employers' redeployment obligations during restructures will be a key case to watch in the coming year, lawyers say.
A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
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.
