Sacking a worker for being unable to perform the inherent requirements of her role, which included reporting to a manager who had bullied her, was not unlawful adverse action, an employer has proved.
After hiring two employees from its competitor Employsure, HR software company Elmo has won one dispute and lost the other over whether the post-employment restraints in their contracts were reasonable.
A manager with post-traumatic stress disorder has accused an employer of having "no care factor", claiming that with the right support and adjustments, she could have returned to work.
The Fair Work Commission has halted an employee's reinstatement order, while the employer appeals against a ruling that its "drawn out" disciplinary process made her sacking unfair.
An employer has failed to prove it shouldn't have to pay redundancy entitlements to workers who moved to a new labour supplier at the same site after a contract changed hands.
An employee let his family circumstances cloud his judgement of an employer's return-to-work requests, seeing them as "pushy and unwelcome" when in fact they were reasonably "firm", the Fair Work Commission has ruled.
An employee with ADHD has claimed a disciplinary meeting was so distressing she had to walk out, with the Fair Work Commission accepting this wasn't a resignation.
The Fair Work Commission has expressed disbelief after an employee was sacked for pretending to knee a colleague in the groin, and ordered his reinstatement with continuity of service and backpay.
An employer did not have to grant an employee's flexible work request but has been encouraged to explore reasonable adjustments, to address his concerns about catching COVID at work and potentially impacting his wife's IVF treatment.
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.
