An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.
Touching a female colleague on the bottom was "sufficiently serious to justify summary dismissal", the Fair Work Commission has found in rejecting an employee's unfair dismissal claim.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. This HR Daily Premium webcast provides a review of relevant legislation and rulings in this space.
An employer made reasonable adjustments to an employee's "challenging" and "confronting" duties and hours, the Fair Work Commission has ruled in rejecting she was forced to resign due to a lack of support.
An employee who repeatedly ignored simple directions on where to start work each day has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour was "consciously" deceptive.
A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.
An employer constructively dismissed a casual when it ceased all communication with him after he sought to clarify his employment and pay rate, the Fair Work Commission has ruled.
An employee has accused his employer of "recklessly endangering" him when it rejected his request to take time off for an appointment during the busy festive season.
An employee who refused to wear a uniform that made him feel like he was "going to die" in hot weather was constructively dismissed, the Fair Work Commission has found.
General protections claims are increasingly in the spotlight as more and more employees seek to exercise their workplace rights and challenge employers' decisions. Watch this HR Daily Premium webcast to understand how to navigate this area.
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.
