Workplace misbehaviour complaints didn't result in adverse action
The Federal Circuit Court has rejected that an employer 'concocted' an employee's redundancy after she complained about bullying and "dark and damaging" workplace behaviours. » more »
Compliance & case law (936 items)
Fair to sack employee who refused to work on-call roster
An employee who refused to participate in an on-call roster, due to concerns it was negatively affecting his mental wellbeing, breached his contract and was fairly dismissed, the Fair Work Commission has ruled. » more »
No obligation to create "special position" for stressed worker
It was unreasonable to expect an organisation to create a "special position" for an employee suffering workplace stress, a court has ruled in dismissing his negligence claim. » more »
Employer defends dismissal despite "historical tolerance" of bad behaviour
In a case that illustrates the challenges of shifting a culture where inappropriate behaviour is considered normal, an employer with "a considerable way to go" has defended an unfair dismissal claim because its actions were "consistent with a reforming workplace". » more »
One-minute-late claim had merit, but extension denied
A workplace relations advisory has successfully objected to facing an unfair dismissal claim that was lodged one minute past the deadline. » more »
Employer's response to vaccination pushback was "reasonable"
An employee has failed to prove her dismissal for refusing a flu vaccination was unfair, after the Fair Work Commission ruled her employer's response to her pushback was "objectively reasonable". » more »
No evidence of "gaslighting" in performance management
A commission has rejected that an employee was subject to "gaslighting" and intense micromanagement during a performance improvement process, and upheld her dismissal. » more »
Performance process "lacking" but bad attitude made dismissal fair
An employee was fairly sacked for poor performance despite showing signs of improvement, the Fair Work Commission has found, rejecting that his ongoing mistakes were "only minor". » more »
Employee wins $200k damages over 'humiliating' discrimination
An employee who was traumatised after featuring in a s-xually suggestive poster has successfully sought maximum damages from her employer and its workplace health advisor for discrimination and harassment. » more »
Facebook post "regrettable", but dismissal "disproportionate"
An employee's "foolish" Facebook comment was a "regrettable example" of someone using social media without considering the ramifications, but it wasn't a sackable offence, the Fair Work Commission has ruled. » more »
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