An employer has failed to prove that accommodating an injured employee's return to work would have caused it unjustifiable hardship, with the Federal Circuit Court ordering it to pay him $44k for discrimination.
An employer's generalised allegations about an employee's "inflammatory and abusive" workplace behaviour were not enough to support its decision to dismiss him, the Fair Work Commission has ruled.
An employer has been ordered to pay a manager $94k in damages after the Federal Circuit Court found it unlawfully dismissed him for complaining about the CEO's swearing.
An employee who engaged in a loud and public argument while wearing her work uniform may have caused her employer "some reputational harm", but not enough to warrant her immediate dismissal, the Fair Work Commission has ruled.
An employee's resignation was "a cry for assistance" after a traumatic incident at work, but her employer's response was "frankly, unhelpful" and bureaucratic, the Fair Work Commission has found.
In an important ruling analysing vicarious liability, the High Court has upheld an employer's appeal against a $432k damages award for an employee who suffered a psychological injury due to his co-worker's drunken misbehaviour.
Being under pressure and under-resourced did not "even remotely excuse" an employee's wilful and deliberate misconduct, the Fair Work Commission has found in rejecting his unfair dismissal application.
Despite "enthusiastic speculation" about flexible work agreements being the "future" of employment, their long-term feasibility is still unknown, and they are not yet an "inalienable" right, a commissioner has said in upholding the rejection of an employee's request.
An employee's "openly derisive" claim that her employer, in rejecting her flexible work request, confused its operational needs with its inability to manage its own workforce, was a "slap in the face", a commission has chastised.
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.
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.
