An employee, who asked to reduce her hours when returning from parental leave, did not effectively resign when she indicated that she wouldn't return to a full-time position, the Fair Work Commission has found.
The Fair Work Commission has shut down a flexible work dispute, finding the employee's evidence of a disability was "not credible", and there was no nexus between his circumstances and his stated need to work from home.
A full bench of the Fair Work Commission has upheld the reinstatement of an employee who was sacked for taking medically prescribed cannabis, despite his employer's appeal on workplace safety grounds.
An employee had "untenable" expectations for workplace adjustments, the Fair Work Commission has found, given she hadn't disclosed a psychological condition to her employer.
In ruling that workplace bullying occurred, the Fair Work Commission has also noted that many of the employee's concerns about his manager would likely be resolved if he changed his own behaviour.
It is wrong to equate all forms of bullying with serious misconduct, a Fair Work Commission full bench has ruled, in upholding an appeal by a "socially inept" employee over a disciplinary transfer.
Despite being described as "a most diļ¬cult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.
In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.
After abandoning its own disciplinary policy and prematurely deciding an employee was guilty of misconduct, an employer couldn't argue its "reasonable action" was the predominant cause of her psychological injury.
An employee who complained he shouldn't have to undergo communication training, because he had ADHD and autism, was fairly sacked for misconduct, the Fair Work Commission has ruled.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
