An employee who was dismissed for refusing to accept a new position has failed to argue he was sacked for taking sick leave, even though his termination letter expressly referred to it.
A successful candidate who claimed his employer misrepresented the nature and likely duration of his role during the recruitment process has failed in his bid for damages.
A 65-year-old employee who forwarded an "entirely inappropriate" anti-Muslim email to multiple work colleagues has failed to obtain reinstatement due to a "real possibility" he would reoffend - and damage his employer's reputation in the process.
Leaders who reduce HR's autonomy and relegate the function to an advisory role are acting well within their rights, the Fair Work Commission has ruled in dismissing an HR manager's unfair dismissal claim.
A supervisor found to be unfairly dismissed after sending a p-rnographic email at work has been denied reinstatement, after the Fair Work Commission ruled it was reasonable to expect higher standards from a leader than from regular employees.
The Productivity Commission plans to look specifically at whether perceptions of the unfair dismissal jurisdiction match up to reality, as part of its broad workplace relations review.
Turning up to a conference still intoxicated from a work function the night before did not constitute gross misconduct by an executive, a court has ruled in awarding him nearly $300,000 in damages.
In adverse action cases where employers can correctly identify the person or people who decided to take action against an employee, and the court accepts their evidence, the claim usually fails, says Ashurst partner Marie-Claire Foley.
An employer has successfully fended off a $9 million damages claim, with a court finding its employment contracts allowed summary dismissal of a worker based on an "opinion" that he had engaged in misconduct.
Rulings handed down to date provide valuable lessons that can help employers minimise the risk of facing an adverse action claim, and build a defence that will stand up in the Fair Work Commission. Watch this webcast to learn how to apply them.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
