An employee who didn't disclose his mental health issues when he started working for an organisation, because of "privacy and stigma concerns", has lost his adverse action claim.
An employer was entitled to discipline a manager for "highly offensive" and inappropriate activity on LinkedIn, but it failed to properly consider how health issues contributed to his "poor judgment", a commission has ruled.
An "adrenaline-charged and stressful situation" didn't excuse an employee who swore, shouted and intimidated a colleague who called him out on a procedural breach, a commission has ruled.
It was "grossly unfair" to give an HR executive a short timeframe to consider a retirement offer, but he was the "unfortunate victim" of a restructure rather than adverse action, a court has ruled.
An employer followed its enterprise agreement "unconsciously rather than deliberately" in deciding whether to make a role redundant, but its decision was nonetheless valid, the Federal Court has ruled.
The Fair Work Commission has criticised an HR director's entirely email-based disciplinary process, in finding an employee was unfairly dismissed for his disrespectful "tone".
An employer had no choice but to remove an employee from a client's site, but its communication failures made the dismissal unfair, the Fair Work Commission has found.
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.
