Procedural flaws have brought down an employer's unfair dismissal defence, with the Fair Work Commission finding they outweighed an employee's divisive, defiant, intimidating and bullying behaviour.
An employee who refuses to be vaccinated against COVID-19 has failed to prevent impending disciplinary action, with a court describing her adverse action claim as "exceedingly weak".
An employee who was sacked for being unable to perform her role, despite being willing to attend an independent medical examination, has failed to prove she was unfairly dismissed.
The Federal Circuit Court has revoked an order suppressing publicity of a CEO's alleged s-x discrimination, finding no evidence the distraction would harm his defence.
An employer's communication with an employee after an upsetting meeting wasn't "perfect", but it proved she wasn't dismissed, the Fair Work Commission has ruled.
An employer must apologise and pay a former employee $50k in damages after a court found he was frequently called a "black c-nt" at work, damaging his mental health.
A manager treated his common law duties to his employer with contempt, embroiling subordinates and third parties in his "brazen" misappropriation of stock and money, a court has ruled.
An employee sacked for misconduct has won a rehearing of her adverse action claim, with a court accepting her employer might have included workplace complaints among the "behavioural issues" it considered when dismissing her.
Declining an employee's repeated requests for information about a complaint against him constituted discrimination on the basis of his employment activity, a tribunal has ruled.
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.
