An employer has defended dismissing a manager for encouraging a "culture of drinking and fighting", despite the Fair Work Commission finding its investigation was "flawed".
A worker can pursue her claim that she was unfairly sacked for receiving a COVID-19 vaccination, after the Fair Work Commission found she was an employee, not an independent contractor.
Racist, s-xist and profane language contributed to a "toxic and confrontational" workplace, and was the main cause of an employee's psychological injury, a commission has ruled.
A long-serving employee who was wrongly certified fit for safety critical duties because of his dishonesty during a medical assessment has lost his unfair dismissal claim.
An employee made it "impossible" for an employer to make her performance management process collaborative and supportive, a commission has found in rejecting her unfair dismissal claim.
The Federal Circuit Court has found an employer made a "forensic choice" not to provide direct evidence of a decision-maker's reasons for rejecting a job applicant, and in doing so undermined its ability to defend a general protections application.
An employer breached its own enterprise agreement when it warned and then sacked an employee for posting his "provocative" views on social media, the Federal Court has found.
An employer made "objectively positive" efforts to performance manage an employee and did not set him up to fail, a tribunal has ruled in rejecting his psych injury appeal.
Accusations that an employee committed "disgusting" acts against children played a major part in his psychological injury, a commission has ruled in rejecting an employer's 'reasonable actions' defence.
An employee has failed to convince the Federal Court that the real reason for his dismissal was not alleged s-xual harassment, but because he accused his manager of defamation on numerous occasions.
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.