Making an employee's pre-parental leave position redundant repudiated her employment contract, but this only turned into a termination when she filed a general protections dismissal dispute, the Fair Work Commission has ruled.
Compliance with an enterprise agreement alone does not constitute a reasonable business ground for refusing a flexible work request, a Fair Work Commission full bench has confirmed in dismissing an employer's appeal.
An employee wasn't bullied when she received repeated requests to work in her employer's office, and was placed on a performance improvement plan after a client complaint, a key ruling from this year illustrates.
Attempting to recast racially offensive language as a "linguistic misunderstanding" doesn't negate its effect on colleagues and the workplace, the Fair Work Commission has noted in upholding an employee's dismissal.
An employee who breached a workplace policy, ignored a direction and then unilaterally left a disciplinary meeting was unfairly dismissed, the Fair Work Commission has found.
The Federal Circuit Court has reconsidered and set aside its finding that an employer discriminated against an employee with ADHD and Asperger's Syndrome when it dismissed her.
Amendments to the Fair Work Act ushered in a new era of workplace bargaining. Watch this webcast to understand how the space is evolving, and the implications for employers of key decisions.
The fact an employee might be reinstated to the organisation against which she sought stop-bullying orders wasn't enough to overcome a jurisdictional objection to her claim.
Confrontational behaviour that prompted an employee's dismissal was not a "one-off incident", the Fair Work Commission has found, in ruling that his history of disruptive and challenging conduct rendered the decision fair.
A role with comparable characteristics was not an "acceptable" alternative for a retrenched employee, partly because it involved travelling to the office an extra day each week, the Fair Work Commission has ruled.
