Employers are being warned not to dismiss complaints they believe are misconceived or lacking in substance, with a recent case showing that doing so may put them on the wrong side the Fair Work Act's general protections provisions.
A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.
An employer constructively dismissed a casual when it ceased all communication with him after he sought to clarify his employment and pay rate, the Fair Work Commission has ruled.
A managing director has failed to disprove allegations he intimidated, excluded and swore at his employer's CEO, with a commission finding these "actual events" created the perception of a hostile workplace.
An employee has accused his employer of "recklessly endangering" him when it rejected his request to take time off for an appointment during the busy festive season.
An employer could potentially have avoided stop-bullying litigation if it hadn't "clumsily" managed an employee's complaints about a supervisor and had been more transparent about its workplace decisions, the Fair Work Commission has ruled.
An employer that was "acutely aware" of an employee's "mental health fragility" acted unreasonably when handling his return to full duties and his complaint about a manager, a commission has found.
General protections claims are increasingly in the spotlight as more and more employees seek to exercise their workplace rights and challenge employers' decisions. Watch this HR Daily Premium webcast to understand how to navigate this area.
Technical issues that prevented an employee from working from home for a few days were "hardly of sufficient gravity" to force him to resign, the Fair Work Commission has found.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.