An employer has unsuccessfully tried to block a s-xual harassment dispute, arguing it had no utility because it was lodged by a former employee it would "never" hire again, and who had also filed a claim in the Australian Human Rights Commission.
It was reasonably foreseeable that accommodating an employee's preferred rostering arrangement would prompt similar requests from other workers, potentially causing an employer to suffer "significant" efficiency and productivity losses, the Fair Work Commission has found.
An employee made "unparticularised, untrue and potentially defamatory allegations" against her manager in a bid to stop her performance management process, the Federal Circuit Court has found.
Reducing a casual employee's shifts amounted to a dismissal, and denying her an opportunity to respond to the decision rendered it harsh, unjust and unreasonable, the Fair Work Commission has found.
After initially throwing out his claim, the Fair Work Commission has found a mentally unwell employee was dismissed when his employer accepted his resignation, and that his circumstances made this "unquestionably harsh".
An employee has failed to prove criticisms of his performance were "misconceived", with the Fair Work Commission finding his dismissal was fair, even though elements of his performance improvement plan were questionable.
It was "disgraceful" for an employer to retain a director on its board after substantiating s-xual harassment allegations against him, the Fair Work Commission has found.
An employee whose general protections claim was struck out as an abuse of process has won leave to appeal, after the Federal Circuit Court accepted his contentions of bias had sufficient prospects of success.
A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.
An employee who couldn't return to her role after a traumatic workplace incident has failed to convince the Fair Work Commission her dismissal was unfair.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
