The Fair Work Commission's past approach to determining whether a worker is an employee or contractor is "no longer good law", a deputy president has said in rejecting an unfair dismissal claim.
An employer effectively forced a poor-performer to resign but it didn't unfairly sack him; rather, it was trying to give him a "dignified exit", the Fair Work Commission has found.
In a new decision under the Fair Work Act's powers to order sexual harassment to stop, a Deputy President has examined when harassment will be deemed to have occurred "at work".
A manager's "unchecked authority" effectively empowered his "rapacious pursuit" of an employee, the Fair Work Commission has found in stop s-xual harassment proceedings.
In response to workplace vaccination mandates, some employees are trying to "wait out" public health orders and other timeframes using their accrued leave, new cases show.
An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.
A Fair Work Commission full bench has affirmed the principles of what constitutes work-related conduct out-of-hours, in upholding an employer's appeal against a reinstatement order.
It was unfair to dismiss an employee for engaging in a consensual "interaction" on a work retreat, the Fair Work Commission has found in ordering his reinstatement and six months' backpay.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
