An employee who threw a coffee cup "with significant force" after a colleague called him a "boofhead" has failed to convince the Fair Work Commission his conduct was a result of provocation.
It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.
There was no evidence to support an employee's allegations of "unresolved psychosocial hazards", and in any case these didn't justify his unauthorised absences from work, the Fair Work Commission has ruled.
Comments added to an employee's half-yearly review were simply feedback, "not performance management, or any kind of discipline", and therefore couldn't underpin an adverse action claim, the Federal Court has ruled.
An employer has lost its dispute over liability for a psychological injury, with a tribunal accepting workload issues and a lack of support were the cause, rather than stress resulting from the employee's physical health problems.
Despite its evidence of ongoing performance issues, an employer has failed to prove it didn't sack an employee for frequently taking unplanned personal leave.
The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.
When employers are on notice of a behaviour issue affecting only a small percentage of employees, it's important not to dismiss it as a "benchmark" level, a workplace advisor says.
An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.
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.
