An employer was right to investigate bullying complaints against an employee, but it has failed to prove that it was reasonable to later add numerous other allegations for consideration, a commission has ruled in psychological injury proceedings.
A ruling that an employer prejudged an employee's misconduct should send a "salutary message" to all others about the need to provide genuine opportunities to respond, the Fair Work Commission says.
An employee has failed to convince the Fair Work Commission that he should have received a warning after taking excessive breaks and swearing during a meeting, and not summarily dismissed for serious misconduct.
An employee with an "apparent fixation" on the changing gender balance of his workplace has failed to block disciplinary action after colleagues complained about his behaviour.
It was "capricious and spiteful" to dismiss an employee who showed "unsophisticated" geographical and emotional intelligence when commenting on a colleague's race, the Fair Work Commission has ruled in awarding her maximum compensation.
A Tasmanian Supreme Court full bench has halved an employee's compensation for sexual harassment, after finding a settlement sum should have been taken into account when assessing damages.
An employer has been blocked from sacking a worker who it believed lied during her job interview, because it was unclear whether it followed a procedurally fair disciplinary process.
It was unfair of an employee not to tell his employer about a mental disability that could affect his work performance, the Federal Circuit Court has ruled in adverse action proceedings.
An employer should have considered disciplinary action other than dismissal when a long-serving worker breached its dr-g and alcohol policy, the Fair Work Commission has ruled in ordering his reinstatement.
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.