The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
The importance of complying with a direction didn't justify the "obstinate rejection" of an employee's explanations for not doing so, the Fair Work Commission has found in ordering her reinstatement.
Advertising for new roles didn't undermine an employer's genuine redundancy defence to a people and culture officer's unfair dismissal claim, the Fair Work Commission has found, in rejecting that any of those positions were suitable for her redeployment.
Continuing to engage with a mentally unwell employee who was certified unfit for work left him with no choice but to resign, and amounted to a harsh dismissal, the Fair Work Commission has found.
The Fair Work Commission has cleared an employee to pursue a general protections dismissal claim against her employer, after it said she'd need to earn the respect of new staff through a "staged" return from parental leave before she could resume her previous HR duties.
In the aftermath of an unsuccessful stop-bullying claim, directing an employee to return to her substantive role was reasonable management action, a tribunal has ruled in a psychological injury dispute.
A manager's withdrawal from a "fair and reasonable" performance management process left her employer with no choice but to sack her, or it risked others disregarding its directions in the future, the Fair Work Commission has ruled.
An employee held at knifepoint in his home for three hours by his manager is entitled to compensation for a psychological injury, despite his employer's argument that the attack wasn't connected to work.
A labour hire worker has been blocked from pursuing a general protections claim against two purported employers, with the Fair Work Commission accepting that neither terminated his employment.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
