An employer breached its own enterprise agreement when it warned and then sacked an employee for posting his "provocative" views on social media, the Federal Court has found.
An employer made "objectively positive" efforts to performance manage an employee and did not set him up to fail, a tribunal has ruled in rejecting his psych injury appeal.
Accusations that an employee committed "disgusting" acts against children played a major part in his psychological injury, a commission has ruled in rejecting an employer's 'reasonable actions' defence.
An employee has failed to convince the Federal Court that the real reason for his dismissal was not alleged s-xual harassment, but because he accused his manager of defamation on numerous occasions.
An employee can no longer pursue her unfair dismissal action after a commission found she sent "vicious" and threatening emails to numerous people, which had the potential to interfere with her case.
An employee who had "little regard" for his employer's leave policies has failed to prove a performance improvement plan was designed to increase pressure on him and result in his dismissal.
A worker's "general comments" about his mental health meant an employer was unaware that he required more workplace support than it otherwise gave him, the Fair Work Commission has ruled in unfair dismissal proceedings.
Amid soaring absence rates many employees are now being accused of abandoning their employment, but there's a high threshold for establishing this in a dispute, a lawyer says.
The Fair Work Commission has ordered an employee's reinstatement after finding "one isolated incident" at work, which resulted in criminal charges, didn't warrant dismissal "without some kind of warning first".
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
