It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.
The refusal of an HR manager's flexible work request did not indicate the employer intended to end her employment or leave her with no choice but to quit, the Fair Work Commission has ruled.
Extending an employee's probation period while she was on sick leave would have been distressing for her, but the employer had "little alternative", the Fair Work Commission has found.
Expressions of gender bias were part of wider cultural issues that "take time" to improve, an employer has claimed in objecting to an employee's general protections dismissal application.
An employee who had been absent for more than two years before resigning has failed to convince the Fair Work Commission he was forced out by a pattern of "sustained psychological abuse, structural mismanagement [and] coercion".
Referring to an employee's "body proportions" when directing her to comply with a uniform policy was unacceptable, but it didn't force her to resign, the Fair Work Commission has ruled.
It was reasonable not to allow an employee whose ego was "dazzled" by other job offers to rescind his resignation, the Fair Work Commission has found, rejecting that the employer's conduct constituted a dismissal.
Evidence that an HRBP actively tried to help resolve an employee's issues with a colleague's behaviour has helped an employer defend a constructive dismissal claim.
A workplace complaints process required some "reasonably painful bureaucratic steps", but it didn't leave an aggrieved employee with no option other than to resign, the Fair Work Commission has ruled.
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.
