A Fair Work Commission member took the wrong approach when dismissing a s-xual harassment dispute application on the basis it wasn't validly made, a full bench has found in upholding an employee's appeal.
A manager's comments and actions reflected her workplace's "command and control" environment and weren't unreasonable, the Fair Work Commission has found, in refusing to make stop-bullying orders.
When a manager discussed an employee's pregnancy with her colleagues without her consent she wasn't left with no choice but to resign, the Fair Work Commission has found, in dismissing her general protections claim.
Conciliation conferences have become less about hearing both sides of a dispute and much more focused on offers, so amendments designed to reduce the Fair Work Commission's workload should also be positive for employers, a workplace lawyer says.
Despite damaging her employer's reputation with clients, an employee would have had "reasonable prospects" of improving her performance if she'd been given the chance to do so, the Fair Work Commission has found in upholding her unfair dismissal claim.
The Fair Work Commission has allowed a general protections dismissal claim to proceed against an organisation, despite it not directly employing the worker who alleges she was sacked at its direction.
Failing to confirm whether a distressed employee meant to quit during an emotional conversation resulted in his dismissal, despite his employer having no intention to let him go, the Fair Work Commission has found.
The Fair Work Commission isn't required to obtain an employer's consent before amending an enterprise agreement that it believes doesn't pass the better-off-overall test, a full bench has affirmed.
Premium news wrap: $125k ordered after WSH breaches; employer to pay $68k for unfair dismissal; 'poor culture' allegation struck from WSH claim; and more.
An employee's "bizarre" bullying and harassment allegations were not based on "real events", a tribunal has found, in denying her compensation for a psychological injury.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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