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.
A manager withheld work from an employee because she rejected his s-xual advances, a commission has found in awarding her $51k in damages for harassment and discrimination.
An employer that failed to list its true reasons for sacking an employee in its termination letter has been ordered to compensate her for unfair dismissal.
An employer decided not to renew two workers' employment contracts because they made bullying complaints and enquired about their workplace rights, a court has found in upholding their adverse action claims.
An employee's unreasonable and disrespectful behaviour was a "likely" explanation for her manager's bullying conduct, but didn't excuse it, the Fair Work Commission has found in issuing draft stop-bullying orders.
An employer has been ordered to reinstate a worker it sacked for making racist remarks and calling a female colleague a "c-nt", after a commission found his long tenure and contrition mitigated his misconduct.
A court has rejected an employee's adverse action claims relating to her probation extension and dismissal, but has found she was entitled to seek compensation for an alleged unpaid entitlement despite its "modest quantum".
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.
