An employee's recent sexual harassment training was evidence of the degree to which he was aware his workplace behaviour was inappropriate, and increased the seriousness of his misconduct, a commission has ruled.
Employees must establish a clear nexus between their obligations as parents of school-age children and their desired working arrangements, rather than simply rely on their parenting status, if they expect to win disputes over flexible work refusals, a new ruling shows.
Performance conversations that weren't as "overt" as they could have been contributed to an employee's confusion regarding the reasons for her dismissal, but her employer's decision wasn't unlawful, the Fair Work Commission has ruled.
A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
Implementing a support plan, holding frequent meetings and providing performance feedback from multiple people were all reasonable actions, a commission has ruled in a dispute over liability for an employee's psychological injury.
An employer has failed to prove that it didn't dismiss a worker when it repeatedly refused her requests for part-time work after a period of parental leave.
It was retaliatory and "cold-hearted" of an HR manager to ask an absent employee to attend meetings, and to repeatedly deny his requests for annual leave after his sick leave ran out, the Federal Circuit Court has found in upholding his adverse action claim.
Sacking an employee seven years after he sent "intimate" messages to a subordinate was warranted, but his otherwise unblemished record made the dismissal harsh, the Fair Work Commission has found in ordering his reinstatement.
In granting a stay of a reinstatement order, the Fair Work Commission has ruled that an employee should receive what he would have earned if he returned to work, without any requirement to repay the money if his employer's appeal succeeds.
The Fair Work Commission has rejected arguments that it wasn't appropriate or fair to make 'same job, same pay' orders for more than 2,000 workers, in a major ruling on the provisions that will add about $66 million to the affected employers' wages bills.
