It was "difficult to understand" how an employee's private sexual conversations with someone outside of work became a work-related matter, a commission has commented in upholding his appeal.
Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
A new tort designed to protect individuals against intentional or reckless invasions of privacy places additional obligations on HR and employers, a lawyer says.
The Fair Work Commission has considered in detail what constitutes sexual harassment, and what doesn't, in upholding the dismissal of an employee who denied his messages about "love" and requests for a date had any sexual element.
Disputes so far about the application of fixed-term contract limits haven't yet resolved all the grey areas in the legislation, a workplace lawyer says.
It was unreasonable to inform an employee who had just raised a bullying grievance that his previous allegations weren't substantiated, a commission has ruled in a psychological injury dispute.
Accommodating an employee's request to work a "somewhat restrictive" roster would likely lead to perceptions of unfairness and cause workplace tension, the Fair Work Commission has accepted in a flexible work dispute.
The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
