Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.
A mutually agreed termination couldn't later be characterised as a dismissal, even if the parties were in dispute about its terms, the Fair Work Commission has ruled.
The "commensurate" positions an employer offered its workers because their roles were no longer required were in fact demotions that repudiated their employment contracts, the Fair Work Commission has found.
Withdrawing a job offer after a candidate made "persistent phone calls and negative comments" could not have been an "illegal termination", because no employment relationship yet existed, the Fair Work Commission has found.
An executive's acceptance of a mutual separation offer via email amounted to a binding settlement, even though he never signed the deed of release, the Fair Work Commission has found in throwing out his general protections dispute.
An employer had a valid reason to dismiss an employee who breached its code of conduct, and its decision was fair regardless of whether she'd been specifically trained in the circumstances that led to her actions, the Fair Work Commission has found.
A young white employee "imputed with conservative political beliefs" has had his general protections bid thrown out, after a court found his claim was largely a "crusade" against diversity and inclusion.
A manager's "dramatic" shift from supporting an employee to sacking her for serious misconduct was driven by "vindictive personal reasons", the Fair Work Commission has found, in awarding her $56k in compensation.
A Fair Work Commission full bench has denied an employer permission to appeal against reinstating a sacked worker, ruling there were no errors in a previous finding that the dismissal was valid, but unreasonable.
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.
