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.
An employee has failed to prove a colleague concocted a "malicious lie" about a single workplace incident so she could have his job, with the Fair Work Commission finding his serious misconduct dismissal was fair.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
