"Reasonable schemes reasonably implemented can miscarry without rendering them unreasonable," a commissioner has stressed, in rejecting the psychological injury claim of an employee who had a "troubling propensity for embellishment".
Sacking an employee for acting aggressively towards a woman wasn't evidence of a "corporate culture that favoured females over males", a full bench of the Fair Work Commission has ruled.
Despite signs of a "permissive attitude" towards name-calling at work, an employer was entitled to reprimand an employee for racial stereotyping a colleague, a commission has found.
The "optics" would be poor if an employer retained a senior employee who was convicted of domestic violence, a commission has found in rejecting his unfair dismissal appeal.
An employee suffered a psychological injury after the breakdown of a workplace friendship group, but his employer wasn't liable for it, a commission has ruled.
After his unreasonable actions caused an employer to spend $29k defending an unfair dismissal case, a paid agent has unsuccessfully argued for a stay of a costs order pending the outcome of his appeal.
Despite an employee's "extensive" disciplinary history, a Fair Work Commission appeal bench has rejected arguments that his behaviour indicated he was unwilling to comply with workplace policies, and ordered his reinstatement.
An employee's recent sexual harassment training was evidence of the degree to which he was aware his workplace behaviour was inappropriate, and increased the seriousness of his misconduct, a commission has ruled.
A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
In granting a stay of a reinstatement order, the Fair Work Commission has ruled that an employee should receive what he would have earned if he returned to work, without any requirement to repay the money if his employer's appeal succeeds.
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.
