An employer's justification for performance managing an employee was clouded by its belief that she was causing workplace disputes, the Fair Work Commission has found in stop-bullying proceedings.
A worker has failed to prove he was entitled to employee benefits for the seven years he performed duties for an organisation, after the Federal Circuit Court found the parties' arrangements indicated he was a contractor.
A manager has failed to prove that numerous instances of physical contact with his subordinate occurred in the context of a "supportive and caring" employment relationship.
A "little bit" of swearing towards a director was "nothing serious", but when the behaviour escalated to verbal and physical abuse it became unreasonable, a tribunal has found in a psych injury appeal.
Setting up a rival company 'clearly destroyed' the confidence required in an employment relationship, the Fair Work Commission has found in upholding a summary dismissal.
An employee's dismissal for failing to follow his employer's absence notification requirements during the height of COVID restrictions was "very regrettable", the Fair Work Commission has ruled in awarding maximum compensation.
An employer has been found vicariously liable for sexual harassment and assault, with a tribunal criticising its "manifestly inadequate" response to an employee's complaints.
In a case highlighting the importance of contemporaneous dismissal evidence, the Federal Circuit Court has rejected that a general manager was sacked for making workplace bullying complaints.
An employer's s-xual harassment investigation focused on a complainant's "subjective reactions" and failed to fully consider the context of an incident, the Fair Work Commission has ruled in ordering reinstatement.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
