An employer has failed to prove that it sacked an employee over "threatening" and "offensive" internal communications, with a court finding her complaints about executives "sealed [her] fate".
Managers consistently dealt with an employee's work mistakes in a "positive, encouraging and supportive manner", even while dealing with numerous customer complaints, the Fair Work Commission has found in unfair dismissal proceedings.
An employee's flexible work arrangements placed an "unfair burden" on his colleagues, meaning it was open to his employer to limit his remote working to one day per week, a commission has ruled.
An employee's flexible work arrangements placed an "unfair burden" on his colleagues, meaning it was open to his employer to limit his remote working to one day per week, a commission has ruled.
An employee who was allegedly accused of having a "dry face", being unengaging and lacking charm has won compensation for a psychological injury, after a tribunal rejected her employer's "reasonable counselling action" defence.
A worker has failed to prove she was bullied by a manager who didn't respond to her lengthy "feedback" email, cancelled her shifts, and then stopped offering her more work.
An "adversarial" employee has won stop-bullying orders, while also being subject to orders herself, with the Fair Work Commission finding she was marginalised and ignored after returning from sick leave.
The difficulty of managing underperformance with remote or hybrid workers is exacerbated by the fact there are no "hard and fast rules" about what a performance improvement plan should contain, an employment lawyer says.
An employer's "shameless" attempt to use unpaid entitlements as a bargaining chip to settle an unfair dismissal claim was "disturbing and distasteful to observe", the Fair Work Commission has said.
An employer has failed to prove an employee with a history of "troubling disorders" wasn't entitled to compensation for a psychological injury because its numerous management actions against him were reasonable.
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.
