A medically incapacitated employee's request to adjourn unfair dismissal proceedings has been rejected, with the Fair Work Commission finding any further delay would prejudice the employer and prevent a fair outcome.
An employer could not reasonably argue that an employee's perception of "chronic understaffing" and limited support was not in fact "a reality", a tribunal has found in psychological injury proceedings.
An employee held a "reasonable and understandable expectation" that his employment would continue past the end date of his fixed-term contract, the Fair Work Commission has found, in clearing him to pursue a general protections claim.
A manager who told an employee to "f-ck off" and leave work didn't constructively dismiss him, the Fair Work Commission has ruled, finding the direction was an effort to "defuse" their heated exchange.
The Fair Work Commission didn't become a "protagonist" when it aimed to vindicate its "theory" that an employer engaged in an elaborate sham to deprive workers of penalty rates, the Federal Court has found in rejecting an apprehended bias claim.
An employee's accounts of bullying and hostile conduct had "such independent consistency and support" that there was "no doubt they were based on real events", a commission has found in upholding her psychological injury claim.
The timing of a "flurry" of warning letters was proof that an employer had no real intention of allowing an employee to address his alleged shortcomings, the Fair Work Commission has found.
It wasn't reasonable to expect an organisation to continue employing a manager with reduced work capacity while its sales were in decline, the Fair Work Commission has found in upholding his dismissal.
An HR director failed to appreciate the significance of an employee being called a "moron" at work, when she said such "robust interactions" were to be expected when discussing performance and deadlines, a commission has ruled in psych injury proceedings.
An employer with "unrealistic expectations" of a management role has been ordered to pay maximum compensation to an employee it unfairly dismissed for poor performance.
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.
