An attempt to block access to mental health records in a dispute about an employee's physical condition has failed, with a Tribunal refusing to "divorce" the two issues.
It was unfair to summarily dismiss an employee who had a "genuine misunderstanding" of what his employer required, regardless of his serious misconduct, according to the Fair Work Commission.
Time spent in-person with colleagues can build a valuable sense of belonging at work, but if employers really want to create this, mandating a return to the office is one of the worst ways to go about it, a culture expert warns.
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.
How an employer could claim a casual worker's employment was terminated "professionally", while also contending he wasn't dismissed, was a "mystery", according to the Fair Work Commission.
A worker on a fixed-term contract, who alleged she was "blocked" from completing the qualification she needed to become a permanent employee, was not dismissed and couldn't pursue an adverse action claim, a Fair Work Commission full bench has found.
A 64-year-old worker, whose employment was terminated the day after he had a severe fall requiring surgery, has been cleared to claim unfair dismissal despite lodging his application late.
Workplace sexual harassment training "overwhelmingly" focuses on male-to-female conduct, which could perpetuate stigma and underreporting among men who are harassed by men, a lawyer warns.
The Fair Work Commission has rejected that a supervisor's employment ended by mutual agreement after a heated argument, accepting he was dismissed without a valid reason.
An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
