An employee was left feeling isolated and depressed after her numerous emails to an HR leader were ignored, a commission has ruled in rejecting an employer's reasonable action defence.
Premium news wrap: a "poor communicator" never had chance to improve; HR's "quintessential knee-jerk reaction" to employee's past was discrimination; Drewmaster before the Fair Work Commission again; and much more, feature in our latest court and commission rulings coverage.
An employer unfairly sacked an employee when it made her role redundant without discussing the decision with her first, the Fair Work Commission has ruled, noting consultation requirements "should never be taken for granted".
An employer's "poor and uninformed" response to a pregnant manager's working-from-home request did not amount to a constructive dismissal, the Fair Work Commission has found.
A manager has claimed his "quirky sense of humour and disabilities" were mitigating factors for his inappropriate behaviour towards female staff, but a commission says his employer was entitled to find it was misconduct.
A workplace advisory service that pocketed an employee's settlement and misled her about its 'no win no fee guarantee' can no longer represent workers without first seeking permission from a full bench of the Fair Work Commission.
An employer has failed to prove an informal "chat" with an employee about her poor communication skills was reasonable action capable of defeating her psychological injury claim.
An employer has failed to prove it sacked a long-serving employee for pushing a colleague, with the Federal Circuit Court finding a "close nexus" between its decision and his workplace complaints.
A tribunal has chastised an acting head of HR who "immediately leapt into punitive action" after discovering an employee had a criminal record, finding her decisions were based on "no background information whatsoever".
In HR Daily Premium coverage of the latest court and commission rulings: efforts to 'manage out' a difficult employee backfire; an 'abusive' worker was unfairly dismissed; CBA cops a hefty underpayments fine; and much more.
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.
