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.
Technical issues that prevented an employee from working from home for a few days were "hardly of sufficient gravity" to force him to resign, the Fair Work Commission has found.
The integrity of an employer's misconduct investigation has been criticised, with the Fair Work Commission finding it substantiated allegations against an employee before he had a proper opportunity to respond.
Asking an employee to attend a disciplinary meeting and provide a medical certificate for his unauthorised absence wasn't "coercion", the Fair Work Commission has found in unfair dismissal proceedings.
Exiting a difficult employee too often becomes a "train wreck", but certain tactics increase the likelihood of successfully negotiating a mutual separation, a workplace lawyer says.
