Workplace issues raised in stop-bullying proceedings could be addressed by clearer guidance and "more rigorous processes", the Fair Work Commission has found, in declining to issue orders.
An employee who complained about gender-based discrimination and harassment has failed to persuade the Fair Work Commission that her resignation was a "probable consequence" of her employer's response to her concerns.
Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.
Claiming to seek a flexible work arrangement due to a child's needs was "somewhat misleading", the Fair Work Commission has commented, in dismissing an employee's dispute over a rejected request.
The Fair Work Commission has stayed the reinstatement of an employee whose dismissal was unfair, while downplaying the employer's concerns about his potential impact on others in the workplace.
A "competent" employee was unable to meet the requirements of his role due to an "unfortunate coincidence of circumstances", the Fair Work Commission has found, while upholding his dismissal as fair.
A stop-bullying order requiring mediation between an employee and his manager will stand, after the employer failed to persuade the Fair Work Commission to hear its appeal.
Aggressive and intimidating behaviour was not a valid response to performance management, the Fair Work Commission has found, ruling that the employee's conduct was detrimental to the wellbeing and safety of his colleagues and justified his dismissal.
Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.
An appeal tribunal has overturned a ruling that an HR leader had a "knee-jerk reaction" to an employee's criminal record and discriminated against her, finding instead that her actions were "perfectly sound".
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.
