It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.
Despite being described as "a most diļ¬cult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.
In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.
The Fair Work Commission has issued a warning that AI tools are "no substitute for knowledge and understanding", in a case involving a worker who used ChatGPT to prepare her unfair dismissal claim.
After abandoning its own disciplinary policy and prematurely deciding an employee was guilty of misconduct, an employer couldn't argue its "reasonable action" was the predominant cause of her psychological injury.
A casual worker has won compensation for unfair dismissal, with the Fair Work Commission noting that, given her years of loyal service, "she deserved better than an immediate dismissal communicated through a coworker".
An employee who complained he shouldn't have to undergo communication training, because he had ADHD and autism, was fairly sacked for misconduct, the Fair Work Commission has ruled.
Genuine concerns about an employee's mental health warranted directing her to undergo an independent medical examination, and her repeated failure to attend provided a lawful and valid reason for her dismissal, a tribunal has ruled.
Swearing might have been part of an employer's "everyday work culture", but a director's aggressive and confrontational language was unacceptable, the Fair Work Commission has ruled in a constructive dismissal dispute.
Allegations that prompted the sacking of a complaining employee were "based on flimsy foundations" and caused her mental harm, the Federal Court has ruled in awarding her $382k in compensation and penalties.
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.
