An employee has failed to convince the Federal Court that the real reason for his dismissal was not alleged s-xual harassment, but because he accused his manager of defamation on numerous occasions.
An employee can no longer pursue her unfair dismissal action after a commission found she sent "vicious" and threatening emails to numerous people, which had the potential to interfere with her case.
An employee who had "little regard" for his employer's leave policies has failed to prove a performance improvement plan was designed to increase pressure on him and result in his dismissal.
Failing to show clear and objective evidence of the connection between employees' out-of-hours misconduct and the workplace is often where employers fall down when trying to defend claims, according to a lawyer.
A worker's "general comments" about his mental health meant an employer was unaware that he required more workplace support than it otherwise gave him, the Fair Work Commission has ruled in unfair dismissal proceedings.
Amid soaring absence rates many employees are now being accused of abandoning their employment, but there's a high threshold for establishing this in a dispute, a lawyer says.
The Fair Work Commission has ordered an employee's reinstatement after finding "one isolated incident" at work, which resulted in criminal charges, didn't warrant dismissal "without some kind of warning first".
The boundaries of what activity an employer can regulate outside the workplace or normal hours have always been blurry, a situation now exacerbated by hybrid and remote working. Watch this HR Daily Premium webcast to get a clearer picture of what your organisation is responsible for, and how behaviour can be managed.
Demoting an employee whose "zealous approach" to his role negatively affected workplace relationships was fair and reasonable, the Fair Work Commission has ruled.
An employee has failed to prove she was forced to resign for the sake of her mental health, alleging she was bullied and falsely accused of misconduct.
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.
