A manager's fixation on workplace bullying meant he overlooked his employer's financial reasons for dismissing him as part of a leadership overhaul, the Federal Circuit Court has ruled, in rejecting his adverse action claim.
What defines a contingent worker remains "as clear as mud", according to a lawyer, who says employers must nonetheless step up their compliance efforts in line with increasing regulator activity.
A general protections claimant can't proceed with her action against an employer she hadn't begun working for, after the Fair Work Commission found the parties had entered a binding contract, but there wasn't yet an employment relationship capable of being terminated.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
Being unable to locate an employee's contract didn't mean an employer had breached the Fair Work Act or Regulations, the Federal Court has ruled in upholding an employer's appeal.
The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.
"Greatly exaggerated" reimbursement claims weren't simply an "innocent error", but rather part of an employee's sophisticated process to derive a financial benefit he wasn't entitled to, the Federal Circuit Court has found.
Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
Disputes so far about the application of fixed-term contract limits haven't yet resolved all the grey areas in the legislation, a workplace lawyer says.
Fixed-term contract restrictions have been a challenging reform to manage, but employers can take some comfort from the decisions handed down in disputes lodged so far, a workplace lawyer says in our latest Q&A.
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.
