Enterprise bargaining reforms have added a great deal of uncertainty to the negotiating process, because the prospect of an intractable bargaining determination makes it less likely that either side will end up with the outcomes it wants, according to an employment lawyer.
Private workplace messages may well have been "venting", but in body-shaming a manager and encouraging gendered violence they were also inappropriate and warranted discipline, a commission has ruled.
An employee has convinced the Fair Work Commission to order an exception to her employer's hybrid working policy, because after moving further away from its office and enrolling her children in a more distant school, she required a fully remote working arrangement to manage pick-ups and drop-offs.
Workplace issues raised in stop-bullying proceedings could be addressed by clearer guidance and "more rigorous processes", the Fair Work Commission has found, in declining to issue orders.
An employee who complained about gender-based discrimination and harassment has failed to persuade the Fair Work Commission that her resignation was a "probable consequence" of her employer's response to her concerns.
Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.
Claiming to seek a flexible work arrangement due to a child's needs was "somewhat misleading", the Fair Work Commission has commented, in dismissing an employee's dispute over a rejected request.
The Fair Work Commission has stayed the reinstatement of an employee whose dismissal was unfair, while downplaying the employer's concerns about his potential impact on others in the workplace.
A "competent" employee was unable to meet the requirements of his role due to an "unfortunate coincidence of circumstances", the Fair Work Commission has found, while upholding his dismissal as fair.
A stop-bullying order requiring mediation between an employee and his manager will stand, after the employer failed to persuade the Fair Work Commission to hear its appeal.
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.
