The Fair Work Commission has shut down a flexible work dispute, finding the employee's evidence of a disability was "not credible", and there was no nexus between his circumstances and his stated need to work from home.
A full bench of the Fair Work Commission has upheld the reinstatement of an employee who was sacked for taking medically prescribed cannabis, despite his employer's appeal on workplace safety grounds.
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.
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.
