In light of rising use of medicinal cannabis, it's important for employers to regularly review their D&A policies and ensure they're fit for purpose, lawyers say.
A worker has unsuccessfully argued that she didn't "agree" to a new casual employment contract when she ticked a box saying she acknowledged its terms.
An employer did everything it could to find alternative suitable roles for an injured employee, the Fair Work Commission has found, ruling his dismissal was fair despite a procedural flaw.
Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.
An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
A worker has lost her stop-bullying claim after making "unpalatable" accusations that she was targeted due to her Chinese heritage, with the Fair Work Commission finding no evidence of repeated unreasonable behaviour towards her.
An employer failed to learn from its mistakes and unfairly sacked a long-serving worker for returning a positive D&A test, the Fair Work Commission has found in ordering reinstatement.
It was reasonable to summarily dismiss an employee for biting, physical fighting and buttock slapping, with the Fair Work Commission finding his behaviour wasn't "horseplay or friendly banter".
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.
