It was open to conclude an employee lacked the necessary interpersonal skills for her role, but her employer has nonetheless failed to prove its dismissal decision wasn't prompted by her workplace complaints.
An employer has failed to prove an employee's psychological condition was a "grief reaction" to her father's death, and not caused by her poor workplace relationship with a supervisor.
A manager's email about an employee's absence from work was a "bolt out of the blue" that caused his psychological injury, a tribunal has ruled in rejecting the employer's reasonable administrative action defence.
An employee who threatened to make a general protections claim if her employer didn't agree to her separation terms was not forced to resign, the Fair Work Commission has ruled.
Employers appear to be taking considerable risks in the way they manage discipline and dismissals, with a lawyer warning that shortcuts often lead to more complexity and litigation, not less.
An employee who had asked to reduce her hours while she attempted to manage some personal issues was not dismissed when she was subsequently left off the employer's roster, the Fair Work Commission has found.
An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.
An employer has defended rejecting an employee's request to work from home one day a week, arguing it was "not sustainable" for colleagues to take on his duties when he wasn't there.
An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.
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.
