Even if certain negative behaviours were "manifestations" of an employee's autism spectrum disorder, they weren't a substantial and operative reason for her dismissal, the Fair Work Commission has ruled.
An employee who had been absent for more than two years before resigning has failed to convince the Fair Work Commission he was forced out by a pattern of "sustained psychological abuse, structural mismanagement [and] coercion".
A senior HR business partner's "patently false", "unsubstantiated" and at times "misogynistic" claims have undermined his unfair dismissal case, the Fair Work Commission has chastised.
An investigation into an employee's alleged "improper behaviour" did not align with the employer's own respectful workplace policy and was therefore "inadequate, flawed and unfair", a commission has ruled.
An absence of workplace bullying reports did not mean an employer wasn't aware of the conduct, a court has found, in awarding an employee more than $950k in damages for a psychiatric injury.
Employee class actions are expensive and time-consuming, but employers can take some steps to minimise these costs, according to a lawyer who sets out what to expect when an action is imminent or underway.
Recent decisions show the Fair Work Commission doesn't shy away from ordering reinstatement after employees have breached workplace D&A policies, and there's a high bar for appealing these rulings, a lawyer says.
In "blindly" accepting an employee had verbally harassed colleagues, an HR manager unfairly deprived her of the opportunity to defend herself, the Fair Work Commission has ruled in awarding her $26k for unfair dismissal.
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.
