Despite an employee's "extensive" disciplinary history, a Fair Work Commission appeal bench has rejected arguments that his behaviour indicated he was unwilling to comply with workplace policies, and ordered his reinstatement.
An HR business partner's "minimal understanding" of the policy relied on to sack an employee "significantly" undermined the fairness of the dismissal, the Fair Work Commission has ruled.
An unexplained absence from work constituted abandonment of employment even though the employee was experiencing "extreme" mental health issues, the Fair Work Commission has ruled.
A workplace complaints process required some "reasonably painful bureaucratic steps", but it didn't leave an aggrieved employee with no option other than to resign, the Fair Work Commission has ruled.
An employee's recent sexual harassment training was evidence of the degree to which he was aware his workplace behaviour was inappropriate, and increased the seriousness of his misconduct, a commission has ruled.
Employees must establish a clear nexus between their obligations as parents of school-age children and their desired working arrangements, rather than simply rely on their parenting status, if they expect to win disputes over flexible work refusals, a new ruling shows.
Performance conversations that weren't as "overt" as they could have been contributed to an employee's confusion regarding the reasons for her dismissal, but her employer's decision wasn't unlawful, the Fair Work Commission has ruled.
A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
Implementing a support plan, holding frequent meetings and providing performance feedback from multiple people were all reasonable actions, a commission has ruled in a dispute over liability for an employee's psychological injury.
An employer has failed to prove that it didn't dismiss a worker when it repeatedly refused her requests for part-time work after a period of parental leave.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
