A formal policy wasn't required for an employee to know that punctuality was important, but sacking him for being late to work "occasionally" was harsh, the Fair Work Commission has found.
The seriousness with which regulators are taking psychosocial hazards means employers should expect any bullying complaint to be investigated, regardless of whether an injury has been sustained, a safety expert says.
An employee's stop-bullying application contained some "frivolous and vexatious elements", but his allegations about an HR business partner were "highly offensive, indefensible and damaging", the Fair Work Commission has found.
Although a workplace had "clear" interpersonal conflict issues, an employer didn't facilitate a toxic environment that forced a manager to resign, the Fair Work Commission has found.
An employer could have prevented its employee's removal from a site, and his subsequent unfair dismissal, if it had proactively addressed the performance and attendance issues its client raised, the Fair Work Commission has ruled.
It was "unrealistic" for an employee to believe he could return to work without attending an independent medical examination, given the employer's "serious" concerns about his mental health, a tribunal has ruled in rejecting his unfair dismissal claim.
A role that maintained an employee's salary and seniority was an "acceptable" redeployment offer, even if she viewed it as a "step backwards" in her career, the Fair Work Commission has found.
Failing to properly notify an employee about the outcome of his misconduct investigation was "highly irregular and troubling", but the employer's deficiencies didn't force him to resign, the Fair Work Commission has found.
Despite initially offering voluntary redundancy as an option, an employer wasn't required to pay out a worker when it had acceptable redeployment alternatives available, the Fair Work Commission has ruled.
The stress that an employee suffered after being accused of inappropriate workplace behaviour constituted a disability for the purpose of his adverse action claim, the Federal Circuit Court 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.
