An unsuccessful job applicant is arguing that because he was "outspoken and critical" of a recruitment process, an employer could have presumed he was involved in industrial activity and discriminated against him.
An employee who attributed his repeated lateness to a biological challenge (he wasn't a morning person), while his manager considered it a "pattern of wilful behaviour", has failed to prove his dismissal was unfair.
Counselling by a colleague who took issue with an employee's "rudeness" was not reasonable management action that could exempt an employer's liability for a psychological injury, a tribunal has ruled.
Employees should be on notice that their "social" behaviour will attract greater scrutiny and face higher standards than in the past, the Fair Work Commission has ruled in upholding a dismissal for harassment.
It was "impossible to conclude" that a worker was a contractor rather than an employee, the High Court has found in one of two rulings with important ramifications for all employers.
Two High Court rulings have emphasised the importance of contractual rights and obligations when determining whether a worker is an employee or independent contractor.
A 60-year-old employee who deprived herself of water to avoid taking toilet breaks was "her own worst enemy", the Fair Work Commission has found in rejecting she was bullied.
An employer "undertook a degree of crystal ball gazing" when it sacked a worker based on the view it was "only a matter of time" before his mouthy behaviour became "actual violence", the Fair Work Commission has ruled.
An employee who refused to receive a flu vaccination and raised objections about breathing his own "expired breath" when wearing a mask has lost his unfair dismissal claim.
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.
