If an employee had provided more insight into her workplace concerns, instead of resigning, her employer might have been "more proactive" in addressing them, the Fair Work Commission has ruled.
Despite not previously addressing an employee's inappropriate language at work, an employer has been cleared to discipline her for failing to role model "positive workplace behaviours".
Banning non-compete clauses is a "sensible" move for some workers, however employers should be concerned if the changes go further than has currently been flagged, a lawyer says.
Sacking an employee for failing to disclose a "very serious injury" did not cause his "downhill spiral" into dr-g use, a tribunal has ruled in a workers' compensation dispute.
In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.
Inconsistencies between an employee's requested flexible work arrangement and an enterprise agreement didn't constitute a "reasonable business ground" that justified the employer's refusal, the Fair Work Commission has ruled.
When an employee's "defensive" actions during a workplace investigation prompted a client to request her removal from its site, her employer had no choice but to dismiss her, the Fair Work Commission has found.
A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.
An employee who claimed she was referred to her as "that fat one" and likened to a "donut" has failed to prove she was discriminated against on the basis of her pregnancy.
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.
