The safety risks posed by an employee who was acting "aggressively and erratically" due to a serious mental illness outweighed the procedural flaws in his employer's dismissal process, the Fair Work Commission has found.
It was "serious" for HR to allege that an employee fabricated workplace complaints to support his psychological injury claim, and instead supported evidence he had been singled out and targeted at work.
An employer that raised performance concerns with an employee on multiple occasions has failed to defend its decision to sack him, with the Fair Work Commission finding the issues weren't "overly serious".
An employer's decision not to offer an employee a new fixed-term contract after she disclosed she was pregnant did not amount to discrimination, a tribunal has found.
A supervisor whose communication was "frequent and interrogative" possibly needed more support to manage remote staff, but his behaviour wasn't bullying, the Fair Work Commission has found.
An employer that didn't directly underpay workers nonetheless should have reasonably known its franchisees were breaching the Fair Work Act, the Federal Court has ruled in fining it $1.44 million.
When a casual employee's "controversial" social media post prompted her employer to end her engagement early, that constituted a dismissal, the Fair Work Commission has found in an unlawful termination dispute.
An employer did not act in an "unconscionable" or intimidatory manner when accusing an employee of criminal conduct, however it has failed to prove on appeal that its allegations provided a valid reason to sack her.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
