A commissioner has been left "perplexed" as to why an employee didn't complain to HR about his role changing, in rejecting that he was constructively dismissed.
An employer could not claim that it was exempt from redundancy consultation requirements because it had no input into or control over the decision, the Fair Work Commission has ruled.
An employee's bullying behaviour towards a colleague wasn't just "robust banter" typical to the workplace culture, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
Four considerations must factor into employers' performance and disciplinary processes when mental health issues are potentially also at play, a workplace lawyer says.
An employee has failed to convince the Fair Work Commission that COVID-19 rendered his sales targets unachievable and that he shouldn't have been dismissed for poor performance.
The Fair Work Commission has chastised an employer for its "flawed" investigation of a safety incident, finding that a proper process would have made an employee's dismissal fair.
An employer has to compensate a 61-year-old construction worker after laughing at his job application and suggesting he wasn't physically up to the work. Also in this article, rulings on harassment, misconduct, adverse action; and Porter loses the IR Ministry.
Employees are calling for action on gendered violence as s-xual assault and harassment reports continue to escalate. Meanwhile, the Fair Work Commission has extended pandemic-related flexibilities in awards; and more.
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.
