Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.
An employer's misguided approach to addressing an "emotional" supervisor's performance issues could have caused even someone of "normal fortitude" to suffer a psychiatric injury, a court has ruled in ordering it to pay $300k in damages.
A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.
An employee who admitted to "a habit of speaking at length" has failed to prove he was put on a PIP due to his race, rather than his difficulties with communication and collaboration.
It was "excessive" and unfair to take six months to investigate workplace misbehaviour allegations, a commission has found in upholding an employee's psychological injury claim.
In a new ruling highlighting the importance of discussing expectations when employees resign, the Fair Work Commission has found a manager didn't "freely" agree to leave before his notified end date.
A manager had "ostensible authority" to act on an employer's behalf, despite its claims to the contrary, and made it "unequivocally clear" to an employee that she no longer had a job, the Fair Work Commission has found.
The Fair Work Commission has ruled that hundreds of labour hire employees, on-hired to Woolworths, are not entitled to the backpay that their directly-employed colleagues received after voting up a new enterprise agreement with a 'same pay' clause.
An employer has been ordered to pay a sacked worker $28k in compensation, after it backed out of an agreement to provide him with support to achieve his performance targets.
An employer was entitled to sack an employee for his "repeated poor performance, bad punctuality and unexplained absenteeism", but its procedural failings made the dismissal unfair, the Fair Work Commission has found.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
