The Federal Circuit Court has criticised an HR manager's decision to sack an employee rather than deal with the "dilemma" of her bullying allegations, and fined him $7.6k.
An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.
An employee may have been "justifiably irate" by managers' alleged bullying behaviour towards her, but their actions were "not so significant" that they forced her to resign, the Fair Work Commission has ruled.
An employee's "understandable" response to s-xual harassment allegations against him wasn't "outside the boundaries of normal mental function", a tribunal has ruled in rejecting his workers' compensation claim.
It was open to conclude an employee lacked the necessary interpersonal skills for her role, but her employer has nonetheless failed to prove its dismissal decision wasn't prompted by her workplace complaints.
An employer has failed to prove an employee's psychological condition was a "grief reaction" to her father's death, and not caused by her poor workplace relationship with a supervisor.
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.
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.