A full bench of the Fair Work Commission has affirmed an earlier decision denying costs to an employee who won her unfair dismissal case, finding the employer's objection to her claim, at the time, had a "reasonable prospect of success".
An employee has successfully appealed a ruling that his out-of-hours misconduct warranted his dismissal, with a full Federal Court finding there was no proper consideration of procedural fairness matters.
An employer tried to accommodate a long-serving employee's health issues "as much as [it] could" before sacking her, but its process was deficient, the Fair Work Commission has found in awarding her compensation.
A self-proclaimed "touchy-feely" worker has failed to prove an investigation into her alleged inappropriate workplace behaviour was "fatally" damaged by irrelevant evidence.
An absent employee who repeatedly failed to respond to her employer's return-to-work requests has won her unfair dismissal claim, after the Fair Work Commission found she had not "abandoned her employment".
An ER manager and four other employees accused of sexually harassing and/or discriminating against a doctor have avoided being joined into his claim against his employer.
An HR manager's decision not to notify a "threatening" employee of all the reasons why he was being sacked resulted in an unfair dismissal, the Fair Work Commission has ruled.
An employer has failed to prove it took reasonable disciplinary action against an employee facing s-xual harassment allegations, and that it wasn't liable for his resulting psychological injury.
An employer's failure to investigate alleged misconduct at a client site "heavily contributed" to an employee's unfair dismissal, the Fair Work Commission has found.
An employee's "understandable" response to s-xual harassment allegations against him wasn't "outside the boundaries of normal mental function", a tribunal has ruled in rejecting his workers' compensation claim.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. Attend this HR Daily webinar for an up-to-date review of relevant legislation and rulings in this space.