After assuring an HR practitioner that her continuity of service wouldn't be broken when she transitioned from permanent to casual, an employer has nonetheless defeated her subsequent unfair dismissal claim by relying on an 11-day gap between her contracts.
It was highly unlikely an employee would have been sacked if her employer had afforded her "basic procedural fairness", the Fair Work Commission has ruled, in awarding her maximum compensation for unfair dismissal.
An employee's evidence about the ongoing impacts of experiencing workplace harassment was so "tainted by [her] lies" that she couldn't pass the first hurdle in her psych injury damages claim.
A manager wasn't forced to resign due to "ongoing psychological safety hazards"; rather, she just didn't like working for the employer, the Fair Work Commission has found.
It wouldn't be "fair and just" for an employer to face an employee's discrimination claim, after it had already paid him compensation for unfair dismissal, a tribunal has found.
An employee couldn't rely on a generic complaint of "poor workplace culture" to support her s-xual harassment and vicarious liability claims, a court has ruled.
A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't s-xual, a full bench has ruled.
A Fair Work Commission member was wrong to dismiss a stop-bullying application based on the assumption that an employee who was absent and unfit for duties faced no continuing risk of bullying, a full bench has ruled.
A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.
An employer was vicariously liable for a director's s-xual harassment of a "vulnerable" young trainee, the Federal Circuit Court has ruled, ordering them to pay her $125k.
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.
