It was "unfortunate" that an employee waited so long to lodge a stop-bullying application given the behaviour of his peers fell "well short of appropriate workplace conduct", the Fair Work Commission has said.
The fact an employee was unlikely to regain fitness for work did not entitle an employer to drop him "like a hot potato" after he ran out of paid leave, the Fair Work Commission has chided.
An employer has been cleared to pursue disciplinary action against an employee after a commission rejected it was discriminating against him because he was a male domestic violence victim.
An employer that suspected an employee planned to misuse its confidential information failed to afford him procedural fairness and must compensate him for unfair dismissal.
An employer had a valid reason to sack a worker whose repeated inappropriate and unprofessional behaviour made the employment relationship untenable, the Fair Work Commission has ruled.
An employee who refused 32 redeployment options didn't realise his employment was at risk until it was too late, the Fair Work Commission has accepted in allowing his unfair dismissal claim to proceed.
An employee removed from a client site due to complaints about "gossiping" could have received better treatment but ultimately wasn't unfairly dismissed, the Fair Work Commission has ruled.
The Federal Court has found an employer threatened employees with repatriation to "intimidate them into silence", knowing they would put up with below-award rates and conditions.
An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.
Providing access to workplace investigation documents could result in staff not cooperating in future with "complete candour", a commissioner has accepted in upholding an employer's refusal.
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.