A manager's "performance discussion" with an employee was actually an "unsatisfactory exchange of views conducted in a cursory and excited manner", the Fair Work Commission has found in unfair dismissal proceedings.
An employee has failed to prove on appeal that his employer was vicariously liable for his co-worker's "extreme and unnecessary" behaviour towards him, which caused him to suffer post-traumatic stress disorder.
The Fair Work Commission has found a worker did not agree to end her employment and therefore was entitled to make a general protections claim, ruling her employer had grown intolerant of her "lack of obeisance" and sacked her.
An employee has failed to prove on appeal that "severe mental symptoms" and ADHD made everyday life a "struggle", and that these were exceptional circumstances warranting a time extension to claim unfair dismissal.
An employee who would "appear out of nowhere" and watch other staff, sometimes in the dark, has failed to prove his behaviour didn't warrant a 12-month remuneration reduction.
An employer has been criticised for not dismissing an employee when it was a "viable option" and instead undertaking a "misguided" performance management process that contributed to a psychiatric injury.
The "mere risk" that an employee could relapse into alcohol misuse to combat anxiety and stress didn't mean she was unfit to return to work, a commission has ruled in ordering her reinstatement.
An employee has successfully appealed a ruling that his out-of-hours misconduct warranted his dismissal, with a full Federal Court finding there was no proper consideration of procedural fairness matters.
An employer tried to accommodate a long-serving employee's health issues "as much as [it] could" before sacking her, but its process was deficient, the Fair Work Commission has found in awarding her compensation.
Workplace bullying complaints are escalating, against a backdrop of increasing stress, remote management and workplace tensions. Watch this webcast to ensure you're up to date on the latest developments and case law in this jurisdiction.
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.
