Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.
An employee who has worked exclusively from home since the first COVID lockdowns has been ordered to return to the office once a fortnight, with the Fair Work Commission accepting the employer's arguments for requiring her attendance.
A tribunal has upheld s-xual harassment and discrimination claims against an employer and its CEO, finding they also significantly delayed the proceedings and put the employee through "ongoing suffering".
The employer of a manager who believed she was pushed out of her job was in fact "anxious" to retain her and help her become a better leader, the Fair Work Commission has found.
The Fair Work Commission has refused to make orders allowing an employee to work from home while also providing primary care for two young children, finding such an arrangement carried "a very high risk of interruption" that could lead to "error and inefficiency".
An HR consultant took necessary and appropriate steps to examine an employee's own conduct when determining whether her bullying and other allegations had a "proper foundation", the Federal Court has ruled.
The absence of evidence from a director closely involved in the sacking of a "serial complainant", after he assaulted a colleague at work, has undermined an employer's defence to his adverse action claim.
A discussion that followed a heated workplace argument was "objectively clear" in addressing conduct standards, and wasn't intended as a dismissal, the Fair Work Commission has found.
An injured worker who was medically restricted to working from home was dismissed when his employer said it wouldn't offer further duties unless he returned to its office, the Fair Work Commission has found.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
