An employee's bullying allegations were reasonable management actions, the Fair Work Commission has accepted, but it has nonetheless urged an employer to improve its complaints handling process.
A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
Dismissing an employee for her "deliberate defiance" of an acknowledged direction was unreasonable, the Fair Work Commission has ruled, because she wasn't specifically warned her job was at risk if the behaviour continued.
An employee with a criminal record has been awarded $265k in compensation for discrimination, after an HR leader "leapt into punitive action" without seeking any background information.
In rejecting an employee's appeal over his failed unfair dismissal claim, the Fair Work Commission has reinforced that it does not have to make general enquiries into workplace conduct or culture to conduct a fair hearing.
An important High Court challenge regarding the scope of employers' redeployment obligations during restructures will be a key case to watch in the coming year, lawyers say.
A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
The High Court has restored a $1.44 million damages award to an employee who had a "catastrophic" reaction to his misconduct dismissal, with the majority ruling that when the employer didn't follow its disciplinary policy, it breached the worker's contract.
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.
