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.
An employer has been chastised for telling part-time employees they could only bid for additional shifts by signing individual flexibility agreements that waived their right to overtime.
An employee who refused to wear a uniform that made him feel like he was "going to die" in hot weather was constructively dismissed, the Fair Work Commission has found.
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 integrity of an employer's misconduct investigation has been criticised, with the Fair Work Commission finding it substantiated allegations against an employee before he had a proper opportunity to respond.
Asking an employee to attend a disciplinary meeting and provide a medical certificate for his unauthorised absence wasn't "coercion", the Fair Work Commission has found in unfair dismissal proceedings.
A candidate's job offer was never finalised because the prospective employer had a "profoundly negative reaction" to one of his referees, not because he had made an unfair dismissal claim several years earlier, a commission has ruled.
A worker could have followed formal grievance processes rather than leaving her job, the Fair Work Commission has ruled in rejecting her constructive dismissal claim.
An employer has been slammed for its unreasonable, aggressive and "potentially unlawful" conduct towards a manager who had resigned, with the Fair Work Commission finding it sacked her when it "waived" her notice period.
Employers' obligations to ensure psychosocial safety at work can present a "significant challenge", the Fair Work Commission has observed in finding a stressed and frustrated employee was unfairly dismissed for misconduct.
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.
