An employer has faced down a claim from an unsuccessful candidate who argued the company's "soft target" of offering 50 per cent of available roles to women discriminated against him.
In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
An employer's decision to sack a worker for serious misconduct would have been unfair were it not for facts that emerged immediately after his dismissal, the Fair Work Commission has ruled.
An employer that was unaware of an employee's diabetes, or how increasing his workload would affect him, has been found guilty of indirect discrimination.
The Fair Work Commission has praised Telstra's approach to performance managing and ultimately dismissing an employee who repeatedly failed to meet her targets.
An employer that sacked a worker for swearing at his colleagues has been ordered to reinstate him, with the Fair Work Commission finding a "plethora" of reasons made his dismissal unfair.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.