Multi-employer bargaining and the Fair Work Commission's ability to repeat the BOOT during the life of an agreement have had far less impact this year than employers feared, a new report shows.
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.
Building an antiracist organisation requires an understanding of how racism is perpetuated and entrenched, in both individual behaviours and through the culture of the organisation, an Australian diversity expert says.
An employee who felt stressed and anxious while suspended from work made the "unfortunate decision" to "take the edge off" with cocaine, the Fair Work Commission has accepted, in upholding his dismissal for failing a D&A test.
Changing an employee's role when she returned from parental leave didn't repudiate her employment, but failing to pay her a $22k bonus breached a fundamental part of her contract and amounted to a dismissal, the Fair Work Commission has found.
The fact that an employee was over 55 years old and considering retirement didn't mean his employer had to approve his flexible work request, the Fair Work Commission has ruled.
A worker, who maintains she was a contractor despite making dismissal claims, has failed to convince the Fair Work Commission it should grant extensions for her various general protections actions.
A diversity symbol in the Fair Work Commission President's email signature did not suggest he would be biased against a claimant who was "pro-free speech", a full bench has ruled.
An employee aimed to "attack the competence" of an organisation's directors to make his own evidence more persuasive, but this didn't make his unfair dismissal claim vexatious, the Fair Work Commission has found.
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