The Fair Work Commission has considered in detail what constitutes sexual harassment, and what doesn't, in upholding the dismissal of an employee who denied his messages about "love" and requests for a date had any sexual element.
The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
The importance of complying with a direction didn't justify the "obstinate rejection" of an employee's explanations for not doing so, the Fair Work Commission has found in ordering her reinstatement.
Advertising for new roles didn't undermine an employer's genuine redundancy defence to a people and culture officer's unfair dismissal claim, the Fair Work Commission has found, in rejecting that any of those positions were suitable for her redeployment.
Continuing to engage with a mentally unwell employee who was certified unfit for work left him with no choice but to resign, and amounted to a harsh dismissal, the Fair Work Commission has found.
The Fair Work Commission has cleared an employee to pursue a general protections dismissal claim against her employer, after it said she'd need to earn the respect of new staff through a "staged" return from parental leave before she could resume her previous HR duties.
A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.
A labour hire worker has been blocked from pursuing a general protections claim against two purported employers, with the Fair Work Commission accepting that neither terminated his employment.
After being ordered to reinstate an employee sacked for physical violence, an employer has failed to convince a Fair Work Commission full bench that the earlier decision applied the wrong legal test for self-defence.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
