Employers have two critical lessons to take away from the operation of the Fair Work Commission's stop-s-xual harassment jurisdiction so far, an employment lawyer says.
As employees become increasingly litigious, adverse action claims show no signs of slowing down. Watch this HR Daily Premium webcast to ensure your knowledge of case law and risk mitigation tactics is up to date.
An employee has failed to prove that he was threatened with performance management and a role transfer because of his work-related injury, with a tribunal finding managers were just giving him "helpful suggestions".
It was unfair to deny a long-serving employee the opportunity to respond to his potential dismissal, despite his incapacity to return to work, the Fair Work Commission has found.
The Fair Work Commission has slammed an employer for allowing an "archaic" enterprise agreement, which denied employees penalty rates, to operate for more than two decades.
An employee who offered to take unpaid leave or perform alternative duties until he could defend criminal allegations was not unfairly sacked, the Fair Work Commission has found.
A previously lenient response to incorrect mask-wearing didn't prevent an employer from later taking "firm and fair disciplinary action" against an employee, but her summary dismissal was nonetheless harsh, the Fair Work Commission has ruled.
An employee's medical exemption from receiving a flu vaccination did not mitigate the risks she posed to other workers and vulnerable clients, the Fair Work Commission has ruled in rejecting her unfair dismissal claim.
Despite making no findings, the Fair Work Commission has said an employer should investigate the incident at the centre of an employee's application for stop-sexual-harassment orders.
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