It was "completely untenable" for an employee to suggest he'd had a "mind lapse" regarding a clear instruction not to drink alcohol at a work lunch, the Fair Work Commission has found.
An employer's adverse action defence has fallen down over its failure to confirm which HR professional recommended a final warning for an employee's misconduct.
An employee with no imminent prospect of returning to work from medical leave has failed to convince the Fair Work Commission to issue a stop-bullying order.
The Fair Work Commission has dealt with a wide range of topics in unfair dismissal cases this year, from bullying, harassment and other misconduct, to health conditions and vaccinations, but some have "stuck out", employment lawyers say.
An employee held a "reasonable suspicion" that warranted blowing the whistle on her employer, but her disclosures weren't the reason she was dismissed, the Federal Circuit Court has ruled.
An employer has been barred from sacking a worker who might "never" return to full duties, while the Fair Work Commission decides whether she has a right to ongoing reasonable adjustments.
An employer has fended off a claim that it rejected a candidate for a role because he wasn't Australian, with a tribunal finding his $8.7 billion racial vilification claim was "misconceived".
A large employer's "enthusiasm" to sack an employee causing "considerable angst" at work resulted in a severely flawed process, the Fair Work Commission has ruled.
An employee has failed to prove that a workplace advisory service "threatened and coerced" her into settling her unfair dismissal claim on unfavourable terms.
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.
