In hindsight an employer was imprudent not to compromise further to settle an employee's unfair dismissal claim, but its rejection of her final offer wasn't so unreasonable as to warrant a costs order, the Fair Work Commission has ruled.
Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.
Suggesting that an employee take some time off work, or at least stay away from the office after a "fiery" interaction, didn't leave him with no option but to resign, the Fair Work Commission has found.
An employee's view that her employment record should get a "clean slate" as part of an unfair dismissal settlement was not enough to prompt the Fair Work Commission to interfere with the agreement.
The Fair Work Commission is treating allegations of s-xual harassment as a "very serious matter", but employers still need strong evidence and thorough processes to defend summary dismissals, a workplace lawyer says.
A manager who unsuccessfully claimed his employer had repudiated his employment contract has failed to convince a full bench of the Fair Work Commission that granting him leave to appeal is in the public interest.
An overworked HR leader has won her unfair dismissal claim, with the Fair Work Commission finding summary dismissal was a disproportionate response to her allegedly unreasonable workplace behaviour.
An employer had "every right" to sack a worker who refused to update her training, but it chose not to do so, the Fair Work Commission has found in rejecting her unfair dismissal claim.
An employee who was "unwilling" to acknowledge the part he played in his ongoing unfitness for work has failed to persuade a full bench of the Fair Work Commission to re-examine a decision that his dismissal was fair.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
