The "shaming and belittling language" an employee used at work was unjustified, regardless of his beliefs about appropriate attire and conduct, the Fair Work Commission has ruled.
A workplace investigation that conflated performance and conduct issues, and had the same investigator and decision-maker, resulted in an employee feeling that she had no real choice but to resign, the Fair Work Commission has accepted.
Pre-existing flexible work arrangements that gave other workers Fridays off meant it was reasonable for an employer to refuse a new request involving that particular day, the Fair Work Commission has found.
The Fair Work Commission has highlighted staffing shortages as a work design issue that can lead to "feelings of being bullied at work", while rejecting that a manager's conduct amounted to bullying.
It wouldn't be unfair or oppressive for an employer to face s-xual harassment and discrimination allegations from up to a decade ago, in circumstances where it contributed to the lengthy delay in the proceedings, the Federal Court has ruled.
Difficulties in ensuring an injured employee adhered to his return-to-work plan "could and should have been avoided", but this didn't give him no choice but to quit, the Fair Work Commission has ruled.
Real workplace events that an employee perceived as s-xual harassment "clearly" exacerbated her pre-existing psychological condition, a commission has found, in upholding her workers' compensation claim.
It was "premature" to sack an employee for failing to attend work, when just days earlier he was corresponding with the employer about his return, the Fair Work Commission has found.
Sacking an employee for breaching a company policy was unfair, the Fair Work Commission has found, in circumstances where there was no evidence she'd received specific instructions, and where she'd previously been "acclaimed" by co-workers for the same conduct.
An HR investigation into a workplace incident was "too narrow" and resulted in a flawed process, the Fair Work Commission has ruled in unfair dismissal proceedings.
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.
