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.
The Fair Work Commission has no choice but to make an order requiring labour hire workers be paid the same pay rates as their directly employed counterparts at a site, the Mining and Energy Union is arguing in the first 'same job, same pay' application.
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.
An employer's investigation and disciplinary process into an employee's alleged fraud did not breach her employment contract, nor its duty of care to her, a court has ruled in rejecting her psychological injury damages appeal.
An employer's rejection of a remote-working request was "soundly based" on reasonable business grounds, as face-to-face interactions can improve relationships, collaboration, and staff development, the Fair Work Commission has accepted.
An employee's "excited utterance" following a heated exchange with her supervisor didn't constitute a resignation, the Fair Work Commission has ruled, finding she was dismissed without an opportunity to respond.
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