An employer "curiously" abandoned 16 misconduct allegations against an employee, only to "blindly" and unfairly sack her on medical grounds two months later.
There was "ample evidence" a worker's comments to a female employee had a "sexual flavour", a court has ruled in rejecting his $45k damages appeal. Also in this article, new rulings on adverse action, social media misbehaviour, resignations...
A manager investigated for inappropriate conduct towards an intoxicated employee has tried to block disciplinary proceedings against him while claiming he was the victim of discrimination.
An employee who didn't disclose his mental health issues when he started working for an organisation, because of "privacy and stigma concerns", has lost his adverse action claim.
An employer was entitled to discipline a manager for "highly offensive" and inappropriate activity on LinkedIn, but it failed to properly consider how health issues contributed to his "poor judgment", a commission has ruled.
An "adrenaline-charged and stressful situation" didn't excuse an employee who swore, shouted and intimidated a colleague who called him out on a procedural breach, a commission has ruled.
It was "grossly unfair" to give an HR executive a short timeframe to consider a retirement offer, but he was the "unfortunate victim" of a restructure rather than adverse action, a court has ruled.
An employee has failed to convince a commission that "significant" workplace stress excused his disrespectful behaviour. Also in this article, new rulings on misconduct, procedural fairness, redundancy...
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.
