Sacking a worker for being unable to perform the inherent requirements of her role, which included reporting to a manager who had bullied her, was not unlawful adverse action, an employer has proved.
A manager with post-traumatic stress disorder has accused an employer of having "no care factor", claiming that with the right support and adjustments, she could have returned to work.
The Fair Work Commission has halted an employee's reinstatement order, while the employer appeals against a ruling that its "drawn out" disciplinary process made her sacking unfair.
An employee let his family circumstances cloud his judgement of an employer's return-to-work requests, seeing them as "pushy and unwelcome" when in fact they were reasonably "firm", the Fair Work Commission has ruled.
An employee with ADHD has claimed a disciplinary meeting was so distressing she had to walk out, with the Fair Work Commission accepting this wasn't a resignation.
The Fair Work Commission has expressed disbelief after an employee was sacked for pretending to knee a colleague in the groin, and ordered his reinstatement with continuity of service and backpay.
An employer has failed to prove it selected an employee with a "negative attitude" for redundancy because of his poor performance, and not because he made bullying and safety complaints.
A "deficit in clear communication" about remote-work expectations and protocols understandably frustrated an employee, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
An employer gave no explanation for the "inordinately long time" it took to investigate and discipline an employee for misconduct, rendering her valid dismissal harsh.
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.
