An employer has failed to convince a tribunal that it should not be held liable for an employee's psychological injury claim because medical evidence showed she was a "heavy drinker".
The accusations against IR Minister Christian Porter highlight a raft of complex considerations for employers around handling s-xual assault allegations, along with the need for urgent action on last year's harassment recommendations.
An employee who says he joked about making a fraudulent compensation claim but had no intention of following through was unfairly dismissed, the Fair Work Commission has found, rebuking his employer for using a hasty investigation and flimsy evidence to bolster a "highly speculative" allegation.
An "unusual" unfair dismissal case highlights the potential risks employers face when trying to comply with strict whistleblowing laws and procedural fairness requirements during disciplinary matters, a workplace lawyer says.
Employers are receiving mixed messages about their COVID-19 vaccination rights, which could end up in a common law "battle", lawyers say. Also in this article, why proper HR is the solution to Parliament's s-xual harassment issue.
An employee who was "clearly" aggrieved by how her employer handled her post-injury return to work has failed to prove her redundancy was a "sham" to replace her.
A long-serving employee's dismissal for one instance of misconduct should reinforce to workers that complying with policies "is not optional" and ignoring them can have serious consequences.
An employer's disciplinary approach wasn't "punitive" and unsympathetic; rather it tolerated an employee's inappropriate behaviour for years out of a misplaced "sense of compassion", the Fair Work Commission has found in rejecting a dismissal claim.
An employee who searched ANZ Bank's database for family members, former and current employees, and a local celebrity has failed to convince the FWC her sacking was unfair. Also in this article, new rulings involving bullying, psych claims, performance and more.
An underperforming employee who normally would have been sacked during probation "slipped through the cracks", but his manager's diligent performance management process made the dismissal fair.
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.
