An employee's medical exemption from receiving a flu vaccination did not mitigate the risks she posed to other workers and vulnerable clients, the Fair Work Commission has ruled in rejecting her unfair dismissal claim.
Evidence that an employer thought a worker's overtime pay enquiry suggested "rot" would spread through the organisation has undermined its defence to an adverse action claim.
An employee who reacted strongly to complaints about his workplace behaviour was unfairly sacked when a warning would have sufficed, the Fair Work Commission has ruled.
An employer accused of taking unlawful adverse action was "left without a leg to stand on" when a judge based her finding on a "suspicion" of conspiracy, the Federal Court has ruled in upholding its appeal.
An employer took a "narrow view" of the reasons why an employee resigned after she unwillingly appeared in a sexualised workplace safety poster, a Fair Work Commission full bench has found.
A "hostile and combative" employee who described her refusal to comply with instructions as "a mere expression of opinion" was fairly dismissed, the Fair Work Commission has found.
An employee was sacked for repeatedly refusing to attend an assessment prior to returning to work after a year's leave, not because he complained about his employer's "unreasonable demands", a court has ruled.
It was fair to dismiss an employee whose relationship with a new HR manager "deteriorated" to the extent that he failed to follow her lawful and reasonable instructions, the Fair Work Commission has found.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
