A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.
An employer has been chastised for telling part-time employees they could only bid for additional shifts by signing individual flexibility agreements that waived their right to overtime.
An employment contract's wording meant an employer effectively dismissed a worker when its client "prematurely" ended his assignment, the Fair Work Commission has ruled, clearing him to pursue his general protections claim.
An employer has a "sufficiently strong" case against a former manager who it claimed breached his employment contract by using its confidential information to solicit clients away to a competitor, the Federal Court has ruled.
A company could potentially have avoided litigation if it had responded to a warning that its new employee was breaching his confidentiality and non-compete obligations to his former employer, a court has found.
A worker has unsuccessfully argued that she didn't "agree" to a new casual employment contract when she ticked a box saying she acknowledged its terms.
Ahead of the limits on fixed-term contracts taking effect on 6 December, the accompanying regulations are now available, and the Fair Work Ombudsman has updated its website with new information on the laws and their exceptions.
An employee has failed to prove his employer and two HR managers tried to pressure him into an "unreasonable" on-call roster, and then unlawfully sacked him after he refused.
Restrictions on the use of fixed-term contracts start on 6 December, but many employers are yet to turn their mind to the topic, a workplace lawyer says.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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