An employer held an "unshakable" belief that an employee had engaged in misconduct, but it wasn't supported by evidence, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.
In prioritising the "good of the organisation", a people and culture manager's response to an employee's sexual harassment complaint was "flawed", a tribunal has ruled.
Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.
An employer unfairly dismissed a casual employee when it informed her by text message that further shifts were "on hold" shortly after she announced she was pregnant, the Fair Work Commission has ruled in ordering her reinstatement.
After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
It was "nonsensical" for an employee to argue that he was abusive and threatening towards a member of the public because he was concerned about workplace safety, the Fair Work Commission has ruled.
It's becoming increasingly difficult for employers to defend general protections claims, according to a lawyer calling on HR to apply more rigour in all termination processes.
Holding conflicting views about an organisation's management and "purpose" was never going to allow for smooth sailing in an employment relationship, the Federal Circuit Court has noted in adverse action proceedings.
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.