Aggressive and intimidating behaviour was not a valid response to performance management, the Fair Work Commission has found, ruling that the employee's conduct was detrimental to the wellbeing and safety of his colleagues and justified his dismissal.
Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.
An appeal tribunal has overturned a ruling that an HR leader had a "knee-jerk reaction" to an employee's criminal record and discriminated against her, finding instead that her actions were "perfectly sound".
An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has refused an employee's application for stop-bullying orders, while finding some of his own behaviour was "consistent with upward bullying".
Clear expectations, regular feedback and fair processes protect both employees and employers when it comes to managing performance. Watch this HR Daily Premium webcast to ensure your practices are keeping pace with what courts and commissions consider reasonable.
Making an employee's pre-parental leave position redundant repudiated her employment contract, but this only turned into a termination when she filed a general protections dismissal dispute, the Fair Work Commission has ruled.
Compliance with an enterprise agreement alone does not constitute a reasonable business ground for refusing a flexible work request, a Fair Work Commission full bench has confirmed in dismissing an employer's appeal.
An employee wasn't bullied when she received repeated requests to work in her employer's office, and was placed on a performance improvement plan after a client complaint, a key ruling from this year illustrates.
Attempting to recast racially offensive language as a "linguistic misunderstanding" doesn't negate its effect on colleagues and the workplace, the Fair Work Commission has noted in upholding an employee's dismissal.
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.
