Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.
An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has refused an employee's application for stop-bullying orders, while finding some of his own behaviour was "consistent with upward bullying".
Making an employee's pre-parental leave position redundant repudiated her employment contract, but this only turned into a termination when she filed a general protections dismissal dispute, the Fair Work Commission has ruled.
Compliance with an enterprise agreement alone does not constitute a reasonable business ground for refusing a flexible work request, a Fair Work Commission full bench has confirmed in dismissing an employer's appeal.
Attempting to recast racially offensive language as a "linguistic misunderstanding" doesn't negate its effect on colleagues and the workplace, the Fair Work Commission has noted in upholding an employee's dismissal.
An employee who breached a workplace policy, ignored a direction and then unilaterally left a disciplinary meeting was unfairly dismissed, the Fair Work Commission has found.
The fact an employee might be reinstated to the organisation against which she sought stop-bullying orders wasn't enough to overcome a jurisdictional objection to her claim.
Confrontational behaviour that prompted an employee's dismissal was not a "one-off incident", the Fair Work Commission has found, in ruling that his history of disruptive and challenging conduct rendered the decision fair.
There was no reasonable basis for an employee to believe he was being bullied; rather, he sought to "entrench" himself as a victim, the Fair Work Commission has found in refusing to issue stop-bullying orders.
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