An employee sacked by a supervisor without authority was entitled to decline an HR manager's invitation to restore his employment, the Fair Work Commission has ruled in clearing him to pursue his adverse action claim.
The Fair Work Commission has been dealing with a raft of resignation disputes lately, and HR teams are "going to see a lot more of this", a lawyer warns.
An employer has failed to prove it took reasonable disciplinary action against an employee facing sexual harassment allegations, and that it wasn't liable for his resulting psychological injury.
An employee's successful discrimination claim is likely the start of a new body of case law that will consider how unconscious bias affects workplace decision-making, a lawyer warns.
Three months was a "reasonable" amount of time to wait and see if an employee recovered from a psychological injury so he could return to work, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
The Federal Court has increased an employee's damages for age discrimination from $20k to $90k, and added an order for economic loss, after finding he had suffered "considerable loss of amenity of life".
An employee's comments to a colleague "under the guise of humour" went "far beyond simply swearing" and amounted to s-xual harassment, the Fair Work Commission has ruled.
An employee who claimed he was screamed at and bullied by managers has lost his constructive dismissal claim, with the Fair Work Commission ruling that his resignation was an "overreaction" to the circumstances.
A director who became "erratic and abusive" after a workplace relationship broke down has lost his unfair dismissal claim, with the Fair Work Commission finding the employer exhausted all other avenues before making its decision.
The fact that an employee's resignation coincided with another company's job offer undermined the "multiplicity of reasons" he gave to support his constructive dismissal claim, the Fair Work Commission has ruled.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
