Failing to properly consider whether an injured employee could perform modified duties has undermined an employer's defence to her psychological injury claim.
Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.
A court has thrown out a novel adverse action claim, in which an employee argued he was refused a job on the basis of a physical disability, while also denying that he had such a disability.
The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.
The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
Employees' reduced opportunities for incidental learning mean mentoring programs are now more important than ever, and the most effective ones have evolved significantly from more traditional arrangements.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
Regulatory and legislative change are creating a stronger framework for gender equality in the workplace, but the struggle to translate policy into practice continues, according to a leader in the space.
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.