An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.
It was reasonable for an employer to refuse a fully-remote flexible work request, the Fair Work Commission has found, in ordering a compromise agreement.
It was reasonable to ask an employee to take a D&A test after he was reported behaving erratically at work, a commission has ruled in rejecting his psychological injury claim.
A manager who provided "harrowing" descriptions of feeling degraded after experiencing homophobic comments and s-xual harassment at work has been awarded $116k in compensation and penalties by the Federal Circuit Court.
It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
An employee's flexible work request was sufficiently related to his age, the Fair Work Commission has found, in rejecting he was seeking "open-ended optimisation of his working arrangements" rather than transitioning to retirement.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
An employee's perceptions of bullying, and her employer's failure to investigate her complaints, were significant precipitating factors in her death, a coronial inquest has found.
A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.
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.
