A Fair Work Commission member took the wrong approach when dismissing a s-xual harassment dispute application on the basis it wasn't validly made, a full bench has found in upholding an employee's appeal.
A manager's comments and actions reflected her workplace's "command and control" environment and weren't unreasonable, the Fair Work Commission has found, in refusing to make stop-bullying orders.
When a manager discussed an employee's pregnancy with her colleagues without her consent she wasn't left with no choice but to resign, the Fair Work Commission has found, in dismissing her general protections claim.
Despite damaging her employer's reputation with clients, an employee would have had "reasonable prospects" of improving her performance if she'd been given the chance to do so, the Fair Work Commission has found in upholding her unfair dismissal claim.
The Fair Work Commission has allowed a general protections dismissal claim to proceed against an organisation, despite it not directly employing the worker who alleges she was sacked at its direction.
The Fair Work Commission isn't required to obtain an employer's consent before amending an enterprise agreement that it believes doesn't pass the better-off-overall test, a full bench has affirmed.
An employee's "bizarre" bullying and harassment allegations were not based on "real events", a tribunal has found, in denying her compensation for a psychological injury.
An employee was sacked for using a derogatory term he'd never heard of, based on the evidence of a coworker with a "dead-set agenda" against him, the Fair Work Commission has found.
After assuring an HR practitioner that her continuity of service wouldn't be broken when she transitioned from permanent to casual, an employer has nonetheless defeated her subsequent unfair dismissal claim by relying on an 11-day gap between her contracts.
It was highly unlikely an employee would have been sacked if her employer had afforded her "basic procedural fairness", the Fair Work Commission has ruled, in awarding her maximum compensation for unfair dismissal.
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.
