An employer could not reasonably argue that an employee's perception of "chronic understaffing" and limited support was not in fact "a reality", a tribunal has found in psychological injury proceedings.
An employee held a "reasonable and understandable expectation" that his employment would continue past the end date of his fixed-term contract, the Fair Work Commission has found, in clearing him to pursue a general protections claim.
An employer that accused a worker of abandoning her employment and causing it to lose customers will have to face her general protections claim, after the Fair Work Commission found it dismissed her.
A manager who told an employee to "f-ck off" and leave work didn't constructively dismiss him, the Fair Work Commission has ruled, finding the direction was an effort to "defuse" their heated exchange.
The Fair Work Commission didn't become a "protagonist" when it aimed to vindicate its "theory" that an employer engaged in an elaborate sham to deprive workers of penalty rates, the Federal Court has found in rejecting an apprehended bias claim.
The Fair Work Commission has no choice but to make an order requiring labour hire workers be paid the same pay rates as their directly employed counterparts at a site, the Mining and Energy Union is arguing in the first 'same job, same pay' application.
An employee's accounts of bullying and hostile conduct had "such independent consistency and support" that there was "no doubt they were based on real events", a commission has found in upholding her psychological injury claim.
The timing of a "flurry" of warning letters was proof that an employer had no real intention of allowing an employee to address his alleged shortcomings, the Fair Work Commission has found.
It wasn't reasonable to expect an organisation to continue employing a manager with reduced work capacity while its sales were in decline, the Fair Work Commission has found in upholding his dismissal.
An HR director failed to appreciate the significance of an employee being called a "moron" at work, when she said such "robust interactions" were to be expected when discussing performance and deadlines, a commission has ruled in psych injury proceedings.
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.
