Despite being described as "a most diļ¬cult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.
"Aggressive and deprecating" comments from a supervisor couldn't be considered reasonable management actions, a commission has noted in finding an employer liable for a psychological injury.
Notifying an employee of his impending dismissal meeting using a "banal" phrase didn't put him on notice his job was at risk, but the Fair Work Commission has ruled his redundancy was nonetheless genuine.
The Fair Work Commission has cleared an employee to pursue her unfair dismissal claim, rejecting it was a genuine redundancy decision that simply coincided with her planned parental leave.
In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.
A role that maintained an employee's salary and seniority was an "acceptable" redeployment offer, even if she viewed it as a "step backwards" in her career, the Fair Work Commission has found.
Despite initially offering voluntary redundancy as an option, an employer wasn't required to pay out a worker when it had acceptable redeployment alternatives available, the Fair Work Commission has ruled.
In calling out an employer for failing to consult an employee about her redundancy, the Fair Work Commission has stressed the importance of having "some form of 'keeping in touch' system" during parental leave.
It "defies belief" that an employer would defend a consultation process as "best practice", when it involved informing a manager of his termination during an impromptu coffee meeting in a busy street, according to a tribunal.
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.
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