The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.
The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
An employee sacked for aggressive and threatening conduct has won reinstatement, after the Fair Work Commission found his employer failed to consider his challenging personal circumstances before dismissing him.
An employer has failed to prove it wasn't liable for an employee's psychological injury, which a commission found didn't just result from a redeployment process but from the strain of supporting affected colleagues through it.
Being unable to locate an employee's contract didn't mean an employer had breached the Fair Work Act or Regulations, the Federal Court has ruled in upholding an employer's appeal.
An employee's racist comments during a site-wide meeting warranted dismissal, but his employer's failure to notify him of its reasons before deciding to sack him was unfair, the Fair Work Commission has ruled.
A chief people officer irritated by a manager's redeployment negotiations made a "snap decision" to make his role redundant, in breach of his general protections, the Federal Court has found.
An employer's defence to an employee's psychological injury claim has been undermined by evidence that he was exhibiting signs of stress before it decided to investigate his work practices.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
