An employee who claimed his employer failed to act upon his "litany" of workload and resourcing complaints has failed to prove he was constructively dismissed.
An employer was entitled to re-investigate an incident after receiving new information, but it was "grossly unfair" to make different findings when the facts remained "essentially" the same, the FWC has ruled.
Arrangements "camouflaged" an organisation's ability to control its workforce but its capacity for control pointed to an employment rather than contracting relationship, the Fair Work Commission has ruled.
An employee's "heat of the moment" expression about a colleague wasn't a threat of violence and didn't deserve sacking, the Fair Work Commission has ruled.
The Federal Circuit Court has rejected that an employer 'concocted' an employee's redundancy after she complained about bullying and "dark and damaging" workplace behaviours.
An employee who refused to participate in an on-call roster, due to concerns it was negatively affecting his mental wellbeing, breached his contract and was fairly dismissed, the Fair Work Commission has ruled.
It was unreasonable to expect an organisation to create a "special position" for an employee suffering workplace stress, a court has ruled in dismissing his negligence claim.
In a case that illustrates the challenges of shifting a culture where inappropriate behaviour is considered normal, an employer with "a considerable way to go" has defended an unfair dismissal claim because its actions were "consistent with a reforming workplace".
An employee has failed to prove her dismissal for refusing a flu vaccination was unfair, after the Fair Work Commission ruled her employer's response to her pushback was "objectively reasonable".
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