Some risk is unavoidable when engaging contingent workers, but certain steps can go a long way towards preventing regulator scrutiny and entitlement claims, a lawyer says.
A performance improvement plan gave an employee "ample" opportunity to demonstrate better workplace communication, but she "missed it by a mile", a commission has ruled in upholding her dismissal.
Requesting medical information about an absent employee was lawful and reasonable under his contract, and his refusal to grant access warranted summary dismissal, the Fair Work Commission has ruled.
An employee, who asked to reduce her hours when returning from parental leave, did not effectively resign when she indicated that she wouldn't return to a full-time position, the Fair Work Commission has found.
The Fair Work Commission has shut down a flexible work dispute, finding the employee's evidence of a disability was "not credible", and there was no nexus between his circumstances and his stated need to work from home.
A full bench of the Fair Work Commission has upheld the reinstatement of an employee who was sacked for taking medically prescribed cannabis, despite his employer's appeal on workplace safety grounds.
An employee had "untenable" expectations for workplace adjustments, the Fair Work Commission has found, given she hadn't disclosed a psychological condition to her employer.
In ruling that workplace bullying occurred, the Fair Work Commission has also noted that many of the employee's concerns about his manager would likely be resolved if he changed his own behaviour.
It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
