Appeals | Page 28 (425 items)

It was unfair to dismiss an employee for engaging in a consensual "interaction" on a work retreat, the Fair Work Commission has found in ordering his reinstatement and six months' backpay.

An employer's immediate and "considerate" response to an employee's workload complaints didn't mitigate the fact it asked "too much" of her over an extended period, making it liable for her psychological injury.

The fact an employee was more susceptible to an aggravation of psychological injuries didn't automatically mean that his employment was a significant contributing factor, the Federal Court has ruled.

It was not just "clumsy or unprofessional" but also unreasonable to suspend an employee "out of the blue", a tribunal has found in awarding compensation for a psychological injury.

An employee who relied on "deeply held" religious beliefs in objecting to receiving a COVID vaccination has lost her exemption appeal.

A long-term underperforming employee has won a psych injury appeal, arguing the performance management process she was on for more than three years lacked clear expectations and timeframes.

The issues that triggered an employee's performance management should have instead prompted "proactive and practical training", a tribunal has found in awarding compensation for a psych injury.

Counselling by a colleague who took issue with an employee's "rudeness" was not reasonable management action that could exempt an employer's liability for a psychological injury, a tribunal has ruled.

It was "impossible to conclude" that a worker was a contractor rather than an employee, the High Court has found in one of two rulings with important ramifications for all employers.

Two High Court rulings have emphasised the importance of contractual rights and obligations when determining whether a worker is an employee or independent contractor.