Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.
An employer unfairly dismissed a casual employee when it informed her by text message that further shifts were "on hold" shortly after she announced she was pregnant, the Fair Work Commission has ruled in ordering her reinstatement.
After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
It was "nonsensical" for an employee to argue that he was abusive and threatening towards a member of the public because he was concerned about workplace safety, the Fair Work Commission has ruled.
It's becoming increasingly difficult for employers to defend general protections claims, according to a lawyer calling on HR to apply more rigour in all termination processes.
Holding conflicting views about an organisation's management and "purpose" was never going to allow for smooth sailing in an employment relationship, the Federal Circuit Court has noted in adverse action proceedings.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
After wrongly equating all bullying with serious misconduct, a Fair Work Commissioner has, on redetermination, ruled that an employee's behaviour met the definition, and warranted his employer's chosen disciplinary action.
An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
