"Aggressive and deprecating" comments from a supervisor couldn't be considered reasonable management actions, a commission has noted in finding an employer liable for a psychological injury.
After defending its denial of a flexible work request on reasonable business grounds, an employer must now implement the arrangements sought, because its written refusal didn't satisfy the Fair Work Act's requirements.
Notifying an employee of his impending dismissal meeting using a "banal" phrase didn't put him on notice his job was at risk, but the Fair Work Commission has ruled his redundancy was nonetheless genuine.
Encouraging an employee to take some time to "sort out" her mental health issues did not constitute a constructive dismissal, the Fair Work Commission has found.
Telling a pregnant employee they "would have to call it quits" if she continued working in an unsafe manner did not amount to a dismissal by her employer, the Fair Work Commission has found.
Stress that stemmed from a toxic workplace culture and sub-optimal return-to-work management was the primary cause of an employee's death, a coronial investigation has found.
One of the main reasons an employee experienced "unreasonable" hostility at work was because of his race, a tribunal has accepted in awarding him $25k for direct discrimination.
The Fair Work Commission has sided with an employer that sought to reduce the time an employee worked from home, saying it's expected that management will "take reasonable measures to ensure that staff are providing the value for which they are paid".
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.