An imperfect disciplinary process and differential treatment of an employee didn't undermine an employer's valid reason to sack her for misconduct, but the Fair Work Commission has nonetheless ordered her reinstatement.
An order to reinstate an employee is set to be reconsidered, after his employer successfully argued that important evidence supporting its serious misconduct allegations wasn't just "hearsay".
Foreshadowing the resumption of an absent employee's performance management process wasn't "retaliatory" after she complained about her workplace culture, the Fair Work Commission has found, in accepting she wasn't forced to quit.
Being the subject of an apprehended domestic violence order application does not attract protection from adverse action under the Fair Work Act, the Federal Circuit Court has ruled.
An angry phone call from a client made an employee feel like he was "under attack", and significantly contributed to his psychological injury, a commission has ruled.
After claiming there was "nothing it could have done" to prevent a manager from s-xually harassing a younger colleague, an employer has been found vicariously liable for his behaviour.
It was "implausible" that a manager would plead guilty to a criminal charge if the allegations underpinning it weren't true, a commission has commented, in finding he also breached workplace harassment laws.
Failing to properly consider whether an injured employee could perform modified duties has undermined an employer's defence to her psychological injury claim.
Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.