An employee was sacked for using a derogatory term he'd never heard of, based on the evidence of a coworker with a "dead-set agenda" against him, the Fair Work Commission has found.
It was highly unlikely an employee would have been sacked if her employer had afforded her "basic procedural fairness", the Fair Work Commission has ruled, in awarding her maximum compensation for unfair dismissal.
A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't s-xual, a full bench has ruled.
An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.
Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.
An employer had solid reasons for finding a manager's behaviour posed psychosocial safety risks, and for expecting senior leaders to have greater awareness of their conduct obligations, a commission has found.
A people and culture leader didn't mischaracterise a manager's conduct as inappropriate based on the "angry black woman" trope, a commission has found.
An employer has been cleared to investigate an employee's out-of-hours conduct, after the Fair Work Commission accepted it held genuine concerns about suffering reputational harm.
It was "extraordinarily insensitive" to tell an employee to be "inclusive of all opinions", including racist ones, the Fair Work Commission has found in unfair dismissal proceedings.
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.
