After an employer gave undertakings to keep an employee separate from his alleged bullies, and in circumstances where he seemed unlikely to return to work anyway, it wasn't wrong for the Fair Work Commission to dismiss his stop-bullying application, a full bench has ruled.
Despite maintaining that lying would be an "affront to his faith", an employee has failed to convince the Fair Work Commission he was falsely accused of misconduct.
Errors made by a professional were not reasonable conduct, but fell short of "data manipulation" and didn't warrant summary dismissal, according to the Fair Work Commission.
When informing a director she was being investigated for breaching a code of conduct, an employer failed to take into account her experience of family and domestic violence, and its approach caused her to suffer a psychological injury, a tribunal has ruled.
An employee's bullying allegations were reasonable management actions, the Fair Work Commission has accepted, but it has nonetheless urged an employer to improve its complaints handling process.
A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
The High Court has restored a $1.44 million damages award to an employee who had a "catastrophic" reaction to his misconduct dismissal, with the majority ruling that when the employer didn't follow its disciplinary policy, it breached the worker's contract.
Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.
It was possible an employer wasn't aware of a worker's injury when it directed him to perform a task beyond his capacity, but dismissing him for refusing was harsh and unreasonable, the Fair Work Commission has ruled.
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.