Recent rulings and a lack of case law consensus show how difficult it can be to manage performance-related dismissals that also involve factors such as mental illness, says an employment lawyer.
A tribunal has ordered an employer to pay compensation for a psychological injury, after an employee with underlying sensitivities was "worn down" by unnecessary and stressful meetings with her manager.
A tribunal full bench has criticised a judge for failing to consider the domestic abuse implications of reinstating an employee who was sacked for stalking a colleague.
A Fair Work Commission full bench has rejected another jurisdictional challenge by Qantas regarding a JobKeeper underpayment dispute. Meanwhile the Commission has reduced an employer's redundancy obligation to nil, accepting it had no capacity to pay.
An employer and individuals have been fined nearly $1m for underpaying workers; a bullied employee who was 'managed out' has been awarded $615k; Coles is facing a $150 million class action; and more.
An employee who was unfairly dismissed for refusing to use his employer's fingerprint scanners has convinced the Fair Work Commission to reconsider his request for reinstatement.
An employer has successfully challenged its liability for an employee's psychological injury, arguing its alleged failure to act on bullying complaints was irrelevant to the claim.
A worker has again failed to prove she was an employee rather than a contractor, with an appeal bench ruling three critical factors pointed "decisively away" from an employment relationship.
An employer has failed for a second time to defend an unfair dismissal claim on the grounds it was a small business, after a full bench found none of its workers were contractors.
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.
