An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.
It was reasonable for an employer to refuse a fully-remote flexible work request, the Fair Work Commission has found, in ordering a compromise agreement.
It was reasonable to ask an employee to take a D&A test after he was reported behaving erratically at work, a commission has ruled in rejecting his psychological injury claim.
A manager who provided "harrowing" descriptions of feeling degraded after experiencing homophobic comments and s-xual harassment at work has been awarded $116k in compensation and penalties by the Federal Circuit Court.
It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
An employee's flexible work request was sufficiently related to his age, the Fair Work Commission has found, in rejecting he was seeking "open-ended optimisation of his working arrangements" rather than transitioning to retirement.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
An employee's perceptions of bullying, and her employer's failure to investigate her complaints, were significant precipitating factors in her death, a coronial inquest has found.
A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
