An employer has been criticised for not dismissing an employee when it was a "viable option" and instead undertaking a "misguided" performance management process that contributed to a psychiatric injury.
The "mere risk" that an employee could relapse into alcohol misuse to combat anxiety and stress didn't mean she was unfit to return to work, a commission has ruled in ordering her reinstatement.
An employee has successfully appealed a ruling that his out-of-hours misconduct warranted his dismissal, with a full Federal Court finding there was no proper consideration of procedural fairness matters.
An employer tried to accommodate a long-serving employee's health issues "as much as [it] could" before sacking her, but its process was deficient, the Fair Work Commission has found in awarding her compensation.
An employer has failed to prove it sacked a probationary employee for not disclosing her ADHD and Asperger's Syndrome prior to employment, with the Federal Circuit Court finding no evidence she had been dishonest.
An employee has failed to convince the Fair Work Commission that he didn't deserve to be dismissed because his numerous Facebook friend requests and unsolicited messages to a young female colleague were actually from his seven-year-old son.
An employer has failed to block an out-of-time unfair dismissal claim, after the Fair Work Commission found it had ignored a worker's numerous attempts to clarify his employment status.
A manager experienced "obvious frustrations" with an employee who was frequently absent, but a commission has rejected that he discriminated against her due to her caring responsibilities.
A casual worker who was refused further shifts and locked out of an employer's roster system after disclosing her pregnancy is entitled to pursue her general protections claim, the Fair Work Commission has ruled.
A "perfectionist" employee who often chose to work extra hours to finish tasks is entitled to compensation for a psychological injury, after a commission found she was "overworked, under-resourced and unsupported".
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.
