The High Court has refused to grant special leave to an employee whose $5.2 million damages award for adverse action had been overturned, but the dispute is set to be reheard in the Federal Court.
A candidate has failed to prove a recruiter's "negative" facial expressions during an interview impacted her ability to answer questions, but the employer has nonetheless been ordered to conduct a new selection process.
The past year's unfair dismissal rulings have highlighted new challenges facing employers, while providing important insights and lessons. Watch this webcast to understand what lies ahead in this jurisdiction.
The "extensive support" an employer provided outweighed any unfairness in its decision to demote an underperforming employee who was experiencing personal difficulties, a commission has found.
An employer was trying to protect staff from bullying and harassment when it sacked an employee, but its actions were ultimately a good example of how not to handle workplace complaints, the Fair Work Commission has found.
Procedural flaws have brought down an employer's unfair dismissal defence, with the Fair Work Commission finding they outweighed an employee's divisive, defiant, intimidating and bullying behaviour.
Declining an employee's repeated requests for information about a complaint against him constituted discrimination on the basis of his employment activity, a tribunal has ruled.
An employer that suspected an employee planned to misuse its confidential information failed to afford him procedural fairness and must compensate him for unfair dismissal.
An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.
Providing access to workplace investigation documents could result in staff not cooperating in future with "complete candour", a commissioner has accepted in upholding an employer's refusal.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
