It wasn't reasonable to transfer an employee accused of s-xual harassment and ban him from speaking to female staff alone, a commission has found in a psychological injury appeal.
A worker's belief that managers and HR officers had bullied him was "largely based on speculation and suspicion", not evidence, although some of their actions were "not ideal", the Fair Work Commission has found.
It was "disingenuous" of an employer to claim it didn't dismiss a casual worker, after it removed her from an assignment due to misconduct allegations, then made no attempt to give her further shifts, the Fair Work Commission has ruled.
An employer was entitled to dismiss a worker for her "belligerent and disrespectful behaviour", but it denied her procedural fairness when one person acted as "judge, jury and executioner" during the disciplinary process, the Fair Work Commission has ruled.
A worker has failed to block a performance improvement plan designed to address her "pattern of disregard" for supervisors, with a commission finding the action "fair and reasonable".
A candidate who willingly gives information about themselves when applying for a job can still have "really fertile grounds for complaints, and for legal response" if they become disaffected down the track, a workplace compliance expert warns.
The friction caused by differing management styles and incompatible personalities in the workplace doesn't constitute bullying, the Fair Work Commission has ruled in stop-bullying proceedings.
An employee who refused to attend an independent medical examination has lost her appeal against the direction, after a commission rejected that her employer was trying to block her return to work.
An employer has failed to overturn a decision that found it took a "blanket approach" to considering a manager's request to work entirely from home, with a court concluding it had breached its own flexible work policy.
An employer has failed to defend dismissing an employee for improperly claiming an allowance, after the Fair Work Commission found managers condoned practices that were inconsistent with its "unclear" policies.
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.