An employer could have avoided an adverse action complaint from an injured worker, who claimed his role was given to another worker, by being more clear and direct that the latter was only covering for him on a temporary basis, a court has found.
The Fair Work Commission has rejected three workers' bids for "oppressive" interim stop-bullying orders blocking disciplinary action against them, while a full bench has upheld the reinstatement of a worker sacked for her drunken behaviour at a client's premises.
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.
A dismissed worker has been granted access to a third-party psychological assessment that found him unsuitable for his job, despite protests that this would set a precedent increasing the risk of mental harm.
An employer had a valid reason to sack a health and safety representative after a dispute over a new mobile phone policy, but the dismissal was harsh because he had attempted to avoid conflict, a commission has found.
A commission full bench has quashed a ruling that a worker's dismissal, after a spate of inappropriate and aggressive altercations with his supervisors and co-workers, was harsh because the employer knew he had mental health issues.