Frustration of an employment contract in circumstances of illness or injury "is a difficult concept to establish", a Fair Work Commissioner has noted, in clearing a worker to pursue his unfair dismissal claim.
"Human resources could have intervened more effectively" when an employee's concerns about her performance rating continued to escalate, the Fair Work Commission has found.
A Fair Work Commission full bench has clarified when the end of a fixed-term contract might constitute a dismissal, finding that a conditional "promise" of ongoing employment wasn't a contractually binding offer.
A senior HR advisor's disciplinary process was unnecessarily lengthy and beset with "obvious problems", but that didn't outweigh that she had breached the employer's code of conduct, a commission has ruled.
The refusal of an HR manager's flexible work request did not indicate the employer intended to end her employment or leave her with no choice but to quit, the Fair Work Commission has ruled.
Hopes that a new employee would "hit the ground running" did not materialise, and prompted numerous workplace issues that ultimately caused her psychological injury, a commission has ruled.
Expressions of gender bias were part of wider cultural issues that "take time" to improve, an employer has claimed in objecting to an employee's general protections dismissal application.
There's a tendency among some employers to "steamroll through" workplace changes without considering the impact on psychosocial safety, an advisor says. This Q&A explains why a more human-centred approach is needed.
A director showed "reckless disregard" for an employee when he engaged in predatory conduct "for his own wanton gratification", and must now pay her $176k in damages and costs.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
