Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
Employers should be much more interested in the information they're collecting about employees, including from "private" conversations held on work platforms, according to a lawyer.
The Fair Work Commission has considered in detail what constitutes sexual harassment, and what doesn't, in upholding the dismissal of an employee who denied his messages about "love" and requests for a date had any sexual element.
It was unreasonable to inform an employee who had just raised a bullying grievance that his previous allegations weren't substantiated, a commission has ruled in a psychological injury dispute.
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.
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.
