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.
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 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.
Exiting a difficult employee too often becomes a "train wreck", but certain tactics increase the likelihood of successfully negotiating a mutual separation, a workplace lawyer says.
A remote worker was unfairly dismissed for refusing to accept changes to her position that would require her to perform her duties in the office, the Fair Work Commission has found.
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.
The High Court has granted an employee special leave to appeal a ruling that found an employer couldn't have reasonably foreseen his "extraordinary" psychiatric response to being dismissed.
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.