Despite assisting its workers into new jobs when a contract transferred to a different supplier, an employer has failed to prove it should not have to pay them redundancy entitlements.
An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.
An HR manager took the "first opportunity" to dismiss an employee who raised workplace bullying allegations, a court has ruled in adverse action proceedings.
A mentally unwell employee has failed to prove her employer compromised her ability to return to work after she suffered a psychological injury, and that she was therefore unfairly dismissed.
An employee has failed to prove her dismissal for "very serious" misconduct was harsh because she'd already been subjected to a prolonged investigation and "significant" penalty regarding earlier allegations.
After sacking an employee for a code of conduct breach involving a consensual s-xual interaction, an employer has successfully appealed against orders to reinstate and compensate him.
Employers have two critical lessons to take away from the operation of the Fair Work Commission's stop-s-xual harassment jurisdiction so far, an employment lawyer says.
As employees become increasingly litigious, adverse action claims show no signs of slowing down. Watch this HR Daily Premium webcast to ensure your knowledge of case law and risk mitigation tactics is up to date.
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.
