An order to reinstate an employee is set to be reconsidered, after his employer successfully argued that important evidence supporting its serious misconduct allegations wasn't just "hearsay".
Foreshadowing the resumption of an absent employee's performance management process wasn't "retaliatory" after she complained about her workplace culture, the Fair Work Commission has found, in accepting she wasn't forced to quit.
Being the subject of an apprehended domestic violence order application does not attract protection from adverse action under the Fair Work Act, the Federal Circuit Court has ruled.
An angry phone call from a client made an employee feel like he was "under attack", and significantly contributed to his psychological injury, a commission has ruled.
After claiming there was "nothing it could have done" to prevent a manager from s-xually harassing a younger colleague, an employer has been found vicariously liable for his behaviour.
It was "implausible" that a manager would plead guilty to a criminal charge if the allegations underpinning it weren't true, a commission has commented, in finding he also breached workplace harassment laws.
Failing to properly consider whether an injured employee could perform modified duties has undermined an employer's defence to her psychological injury claim.
Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.
Employers are now firmly on notice that when they're considering a major workplace change, they need to assess the risk of psychosocial hazards potentially arising from it, a lawyer says.
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.
