A worker can pursue her claim that she was unfairly sacked for receiving a COVID-19 vaccination, after the Fair Work Commission found she was an employee, not an independent contractor.
A long-serving employee who was wrongly certified fit for safety critical duties because of his dishonesty during a medical assessment has lost his unfair dismissal claim.
An employee made it "impossible" for an employer to make her performance management process collaborative and supportive, a commission has found in rejecting her unfair dismissal claim.
An employer breached its own enterprise agreement when it warned and then sacked an employee for posting his "provocative" views on social media, the Federal Court has found.
Here you'll find links to all resources relevant to HR Daily's 'Out-of-hours and remote behaviour risks' webinar, presented on 20 October by HR Law practice group leader Kristin Duff.
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.