An employer was entitled to re-investigate an incident after receiving new information, but it was "grossly unfair" to make different findings when the facts remained "essentially" the same, the FWC has ruled.
Arrangements "camouflaged" an organisation's ability to control its workforce but its capacity for control pointed to an employment rather than contracting relationship, the Fair Work Commission has ruled.
An employee's "heat of the moment" expression about a colleague wasn't a threat of violence and didn't deserve sacking, the Fair Work Commission has ruled.
The Federal Circuit Court has rejected that an employer 'concocted' an employee's redundancy after she complained about bullying and "dark and damaging" workplace behaviours.
An employee has failed to prove her public scrutiny concerns warranted removing her name from an FWC ruling. Also in this article, a casual has lost her appeal for greater unfair dismissal compensation; and more.
An employee who refused to participate in an on-call roster, due to concerns it was negatively affecting his mental wellbeing, breached his contract and was fairly dismissed, the Fair Work Commission has ruled.
It was unreasonable to expect an organisation to create a "special position" for an employee suffering workplace stress, a court has ruled in dismissing his negligence claim.
In a case that illustrates the challenges of shifting a culture where inappropriate behaviour is considered normal, an employer with "a considerable way to go" has defended an unfair dismissal claim because its actions were "consistent with a reforming workplace".
An employee who posted a s-xually suggestive meme on social media "with the aim to upset" was fairly dismissed, despite the workplace's "robust" culture, the Fair Work Commission has ruled.
As employers put more effort into preventing workplace s-xual harassment, they are being warned to expect statistics to get worse before they get better.
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.
