A full bench of the Fair Work Commission has affirmed an earlier decision denying costs to an employee who won her unfair dismissal case, finding the employer's objection to her claim, at the time, had a "reasonable prospect of success".
An employee has failed to prove on appeal that his employer was vicariously liable for his co-worker's "extreme and unnecessary" behaviour towards him, which caused him to suffer post-traumatic stress disorder.
An employee has failed to prove on appeal that "severe mental symptoms" and ADHD made everyday life a "struggle", and that these were exceptional circumstances warranting a time extension to claim unfair dismissal.
An employee who would "appear out of nowhere" and watch other staff, sometimes in the dark, has failed to prove his behaviour didn't warrant a 12-month remuneration reduction.
The "mere risk" that an employee could relapse into alcohol misuse to combat anxiety and stress didn't mean she was unfit to return to work, a commission has ruled in ordering her reinstatement.
An employee has successfully appealed a ruling that his out-of-hours misconduct warranted his dismissal, with a full Federal Court finding there was no proper consideration of procedural fairness matters.
A self-proclaimed "touchy-feely" worker has failed to prove an investigation into her alleged inappropriate workplace behaviour was "fatally" damaged by irrelevant evidence.
An employer failed to "fulsomely engage" with an employee and consider all available options when determining her flexible work request, a Fair Work Commission full bench has found in appeal proceedings.
A stressful and demanding work environment cannot excuse inappropriate behaviour towards subordinates, a tribunal has ruled in rejecting a senior employee's disciplinary action appeal.
The Federal Court has ordered the reinstatement of an employee sacked for making "deliberately provocative" social media posts, but declined to order damages for distress, finding he didn't appear to be "an individual whose feelings might easily be hurt".
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.
