An employee's successful discrimination claim is likely the start of a new body of case law that will consider how unconscious bias affects workplace decision-making, a lawyer warns.
Three months was a "reasonable" amount of time to wait and see if an employee recovered from a psychological injury so he could return to work, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
An employee who resigned because of a manager's "toxic" communication style has failed to prove this was her only option, despite the Fair Work Commission agreeing that it can be "very hard to tell a bully that they are a bully".
The Federal Court has increased an employee's damages for age discrimination from $20k to $90k, and added an order for economic loss, after finding he had suffered "considerable loss of amenity of life".
An employee's comments to a colleague "under the guise of humour" went "far beyond simply swearing" and amounted to s-xual harassment, the Fair Work Commission has ruled.
An employee who claimed he was screamed at and bullied by managers has lost his constructive dismissal claim, with the Fair Work Commission ruling that his resignation was an "overreaction" to the circumstances.
A director who became "erratic and abusive" after a workplace relationship broke down has lost his unfair dismissal claim, with the Fair Work Commission finding the employer exhausted all other avenues before making its decision.
The fact that an employee's resignation coincided with another company's job offer undermined the "multiplicity of reasons" he gave to support his constructive dismissal claim, the Fair Work Commission has ruled.
An employer's failure to investigate alleged misconduct at a client site "heavily contributed" to an employee's unfair dismissal, the Fair Work Commission has found.
An employee's defamation claim against two former managers, who allegedly gave bad references to her prospective employer, has been struck out because of "incurable deficiencies" in her allegations.
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.
