An employee had "untenable" expectations for workplace adjustments, the Fair Work Commission has found, given she hadn't disclosed a psychological condition to her employer.
In ruling that workplace bullying occurred, the Fair Work Commission has also noted that many of the employee's concerns about his manager would likely be resolved if he changed his own behaviour.
It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.
Despite being described as "a most diļ¬cult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.
In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.
After abandoning its own disciplinary policy and prematurely deciding an employee was guilty of misconduct, an employer couldn't argue its "reasonable action" was the predominant cause of her psychological injury.
An employee who complained he shouldn't have to undergo communication training, because he had ADHD and autism, was fairly sacked for misconduct, the Fair Work Commission has ruled.
Genuine concerns about an employee's mental health warranted directing her to undergo an independent medical examination, and her repeated failure to attend provided a lawful and valid reason for her dismissal, a tribunal has ruled.
Swearing might have been part of an employer's "everyday work culture", but a director's aggressive and confrontational language was unacceptable, the Fair Work Commission has ruled in a constructive dismissal dispute.
Allegations that prompted the sacking of a complaining employee were "based on flimsy foundations" and caused her mental harm, the Federal Court has ruled in awarding her $382k in compensation and penalties.
