The Fair Work Commission has found an employment relationship began the moment a contingent worker accepted an offer of direct employment, but has cleared the company of unfairly dismissing him when it withdrew its offer days later.
The Federal Circuit Court has accepted an employer sacked a worker for harassing and intimidating colleagues, not for making workplace s-xual harassment and safety complaints as she alleged in her adverse action claim.
Cyberbullying is on the rise in workplaces and warrants efforts that are distinct from broader behaviour policies and management to stop it becoming prevalent, a researcher warns.
A casual worker employed on a 'temporary' assignment has been cleared to claim unfair dismissal, after the Fair Work Commission heard an extension of her contract had no end date.
In analysing what constitutes a constructive dismissal, the Fair Work Commission has found an employee's resignation following misconduct allegations amounted to termination at her employer's initiative.
When a workplace is s-xualised with inappropriate behaviour, it can "contaminate and distort" the atmosphere between colleagues, a high-profile investigation has found. Also in this article, new rulings on redundancy and dismissals; research on young professionals; and more.
In this HR Daily webinar, an employment lawyer will examine restrictions on executive pay, bonuses and termination payments; enforcement of notice periods and garden leave; post-employment restraints; and more. Premium members should click through to request a complimentary pass, while free subscribers can upgrade their membership level here for access or register as a casual attendee.
An employee who complained senior managers bullied and harassed him has failed to prove his contract was breached when his employer failed to follow its grievance resolution procedure.
The Fair Work Commission has found an employer had a valid reason to sack an employee just days before he returned from medical leave, after he repeatedly refused to hand over covert workplace recordings to assist a bullying investigation.
The Federal Court has rejected an employer's claim that 14 employees weren't entitled to redundancy pay because their dismissals were due to the "ordinary and customary turnover of labour".
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.