Accepting the resignation of an employee suffering from "mental confusion" did not amount to a constructive dismissal, the Fair Work Commission has found.
Simply "responding positively" to an approach from a former client doesn't amount to solicitation, a court has highlighted, in refusing to restrain an employee accused of breaching his employment contract.
After being ordered to pay $90k in damages for discriminating against a breastfeeding worker, an employer now must also introduce anti-discrimination training for its managers.
An employee who believed she worked "efficiently and competently" has lost her adverse action claim, with the Federal Circuit Court finding she was lawfully sacked for her ongoing defiance of authority.
Maintaining a beard was not "merely a matter of personal preference", according to a Roman Catholic employee, who claimed his employer discriminated against him when it denied him a personal protective equipment exemption.
A Fair Work Commission member has expressed an opinion that an employee "simply does not want to work in the office", in questioning his reasons for seeking to work from home full time.
It was reasonable to conclude an employee had lied about being sick, based on social media photos that showed him enjoying a weekend away with friends, the Fair Work Commission has ruled.
Despite an agreement not to pay out a worker's entitlements between the end of one contract and the start of another, his continuous service was "broken" during this four-day period, the Fair Work Commission has found.
In the absence of "specific and cogent evidence" to supports its serious misconduct allegations, an employer couldn't prove it had a valid reason to sack an employee, the Fair Work Commission has found.
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.
