A full Federal Court has dismissed an appeal from a worker - whose injury dispute helped reform the administrative action test - against a finding that her injury arose from a performance appraisal and wasn't compensable.
A commission has commended an employer for its diligent enforcement of safety policies, but found it unfairly dismissed a worker by treating his breaches as misconduct instead of poor performance and not giving him a chance to improve.
The powers of elected health and safety reps are generally confined to their own work groups and don't extend to challenging an action, like a decision quashing an improvement notice, which affects other groups or workers, a commission has found.
An employer has been ordered to withdraw a warning it issued to a worker for a safety breach, with a commission finding it condoned the prohibited behaviour through its supervisors allowing it to become normal practice.
The Fair Work Commission has ordered the managing director of a company - issued three bullying-related WHS improvement notices - not to use his lawyers to communicate with a worker, in a suite of stop-bullying orders that clarify the worker's role and who can discipline her.
Employers are entitled to alter workers' flexible working arrangements to improve their performance, but one manager's hasty attempt to do so was unreasonable, a tribunal has found in an injury dispute.
Performance appraisals are formal processes to assess a worker's "overall" performance and don't include employers informally managing specific problems with their work, a tribunal has ruled in an injury dispute.
An employer's actions in transferring a worker to another state caused him to lose substantial allowances and likely caused his psychiatric injury, but the employer isn't liable for the condition, a tribunal has found.
The Fair Work Commission has expressed concern over a supermarket giant's oversight of inappropriate conduct in its stores, in an unfair dismissal case involving a worker who s-xually harassed a number of young co-workers.