An employee "blatantly" lied to his employer when he said he wasn't recording their meetings, the Fair Work Commission has found, ruling this post-dismissal discovery foiled his case.
A full bench of the Fair Work Commission has affirmed an earlier decision denying costs to an employee who won her unfair dismissal case, finding the employer's objection to her claim, at the time, had a "reasonable prospect of success".
A manager's "performance discussion" with an employee was actually an "unsatisfactory exchange of views conducted in a cursory and excited manner", the Fair Work Commission has found in unfair dismissal proceedings.
An employee has failed to prove on appeal that his employer was vicariously liable for his co-worker's "extreme and unnecessary" behaviour towards him, which caused him to suffer post-traumatic stress disorder.
The Fair Work Commission has found a worker did not agree to end her employment and therefore was entitled to make a general protections claim, ruling her employer had grown intolerant of her "lack of obeisance" and sacked her.
An employee has failed to prove on appeal that "severe mental symptoms" and ADHD made everyday life a "struggle", and that these were exceptional circumstances warranting a time extension to claim unfair dismissal.
An employee who would "appear out of nowhere" and watch other staff, sometimes in the dark, has failed to prove his behaviour didn't warrant a 12-month remuneration reduction.
An employer has been criticised for not dismissing an employee when it was a "viable option" and instead undertaking a "misguided" performance management process that contributed to a psychiatric injury.
The "mere risk" that an employee could relapse into alcohol misuse to combat anxiety and stress didn't mean she was unfit to return to work, a commission has ruled in ordering her reinstatement.
An employee has successfully appealed a ruling that his out-of-hours misconduct warranted his dismissal, with a full Federal Court finding there was no proper consideration of procedural fairness matters.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
