An employee's resignation was "a cry for assistance" after a traumatic incident at work, but her employer's response was "frankly, unhelpful" and bureaucratic, the Fair Work Commission has found.
In an important ruling analysing vicarious liability, the High Court has upheld an employer's appeal against a $432k damages award for an employee who suffered a psychological injury due to his co-worker's drunken misbehaviour.
Being under pressure and under-resourced did not "even remotely excuse" an employee's wilful and deliberate misconduct, the Fair Work Commission has found in rejecting his unfair dismissal application.
Despite "enthusiastic speculation" about flexible work agreements being the "future" of employment, their long-term feasibility is still unknown, and they are not yet an "inalienable" right, a commissioner has said in upholding the rejection of an employee's request.
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.
An employee who was threatened and assaulted by another worker has been awarded compensation for a psychological injury, after a commission found the employer's investigation into the incident was unreasonable.
An employer's "blanket rule" not to tolerate violence in any circumstances was not "valid, fair, or practicable", the Fair Work Commission has ruled, in finding an employee was unfairly sacked after a physical altercation.
An HR manager has failed to convince the Fair Work Commission that he couldn't have sacked a casual worker, who refused to attend an unpaid training session, as she never "officially" started in her role.
A remote worker has failed to prove her dismissal for having "low keystroke activity" over a three-month period was unfair, with the Fair Work Commission finding her failure to perform duties was not "minor" or "incidental".
A recent dispute over a non-disparagement clause in a settlement deed shows "it's really important to get language right" when drafting these agreements, a lawyer says.
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