The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.
In prioritising the "good of the organisation", a people and culture manager's response to an employee's sexual harassment complaint was "flawed", a tribunal has ruled.
Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.
An employer unfairly dismissed a casual employee when it informed her by text message that further shifts were "on hold" shortly after she announced she was pregnant, the Fair Work Commission has ruled in ordering her reinstatement.
After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
It was "nonsensical" for an employee to argue that he was abusive and threatening towards a member of the public because he was concerned about workplace safety, the Fair Work Commission has ruled.
It's becoming increasingly difficult for employers to defend general protections claims, according to a lawyer calling on HR to apply more rigour in all termination processes.
Holding conflicting views about an organisation's management and "purpose" was never going to allow for smooth sailing in an employment relationship, the Federal Circuit Court has noted in adverse action proceedings.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
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.
