An employer has been warned to do more to meet its positive duty to prevent s-xual harassment, after the Fair Work Commission found an employee's inappropriate behaviour went "unchecked" for years.
An employee has won compensation for a psychological injury he suffered after a colleague, with whom he'd been embroiled in conflict for years, was promoted and threatened to "go after" him.
An employer has defended sacking an absent employee after an independent medical assessment found "malignant resentment" prevented her from ever being fit to return.
A casual employee has failed to prove a Centrelink notification was evidence she had been dismissed, with the Fair Work Commission finding her employer had temporarily removed her from its payroll system due to business conditions.
An employee's private chat about a colleague went beyond any "ordinary level of workplace gossip or venting", and was a "hateful" exchange that warranted her immediate dismissal, the Fair Work Commission has ruled.
"Ongoing" performance monitoring, along with a team leader's management style and a heavy workload, caused an employee's psychological injury, a commission has ruled in rejecting an employer's 'reasonable action' defence.
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.
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.
