The Fair Work Commission has stressed the importance of adhering to open justice principles in anti-bullying matters, in refusing an appeal filed by an alleged bully who didn't want to be named in published decisions.
General protections breaches "should never be treated as an acceptable risk of doing business", a Federal Circuit Court judge has stressed, in awarding about $90k to "a most difficult and challenging employee".
An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.
It was reasonable for an employer to refuse a fully-remote flexible work request, the Fair Work Commission has found, in ordering a compromise agreement.
It was reasonable to ask an employee to take a D&A test after he was reported behaving erratically at work, a commission has ruled in rejecting his psychological injury claim.
A manager who provided "harrowing" descriptions of feeling degraded after experiencing homophobic comments and s-xual harassment at work has been awarded $116k in compensation and penalties by the Federal Circuit Court.
It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.
An employee's flexible work request was sufficiently related to his age, the Fair Work Commission has found, in rejecting he was seeking "open-ended optimisation of his working arrangements" rather than transitioning to retirement.
An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.
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.
