In its first substantive order under the new bullying jurisdiction, the Fair Work Commission has directed an employee not to have any unaccompanied contact with a co-worker or make comments about their clothes or appearance.
The AiG will argue for a raft of annual leave changes as part of the four-year review of modern awards, including greater powers for employers to compel workers to take annual leave during close-downs and when accrued leave reaches "excessive" levels.
A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.
The Fair Work Commission has held that the "genuinely trying" test is not a "moral" code and has granted the MUA protected ballot orders despite accepting that an employer was "rightly aggrieved" by its bargaining conduct.
The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.
Parties seeking significant changes in the four-year review of modern awards will need to present "probative evidence properly directed to demonstrating the facts", the FWC review full bench has warned in a ruling issued this week.
The Federal Circuit Court has rejected a club manager's claim that her employer breached adverse action and consultation laws when it made her redundant, accepting it did so for financial reasons.
A FWC full bench has cited insufficient clarity in the tribunal's unfair dismissal and adverse action claim forms as one of the reasons for upholding an appeal by a dismissed employee.
BHP Coal was entitled to dismiss a boilermaker who tried to return to work after a lengthy injury-related absence with "quite insufficient and generic medical information" and then refused to attend a company-organised medical assessment.
