The Federal Circuit Court has reconsidered and set aside its finding that an employer discriminated against an employee with ADHD and Asperger's Syndrome when it dismissed her.
Amendments to the Fair Work Act ushered in a new era of workplace bargaining. Watch this webcast to understand how the space is evolving, and the implications for employers of key decisions.
The fact an employee might be reinstated to the organisation against which she sought stop-bullying orders wasn't enough to overcome a jurisdictional objection to her claim.
Confrontational behaviour that prompted an employee's dismissal was not a "one-off incident", the Fair Work Commission has found, in ruling that his history of disruptive and challenging conduct rendered the decision fair.
A role with comparable characteristics was not an "acceptable" alternative for a retrenched employee, partly because it involved travelling to the office an extra day each week, the Fair Work Commission has ruled.
There was no reasonable basis for an employee to believe he was being bullied; rather, he sought to "entrench" himself as a victim, the Fair Work Commission has found in refusing to issue stop-bullying orders.
Undertaking "preparatory steps" to establish a competing business while still employed will rarely be considered a breach of fiduciary and contractual obligations, a full bench of the Fair Work Commission has highlighted, in refusing an employer's unfair dismissal appeal.
The Fair Work Commission is allowing a late general protections claim to proceed, after an employer advertised a "similar" job to one it made redundant, just one day after the three-week time limit expired.
An employer's deficient policies and procedures for managing sexual harassment risks indicated a "complete disregard" for its employees, a court has ruled in issuing a $40k fine.
When a senior leader at the ABC sacked an employee who expressed a political view on social media, he disregarded warnings that it "would be worth looping in P&C" to ensure the employer's established disciplinary process was followed, the Federal Court has noted in ordering pecuniary penalties.
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.
