Browsing: Termination | Page 5

A commission has rejected an employer's contentions that: a "violent and painful" work incident could not have caused a worker's stress disorder; and her ability to undertake "suitable duties" not long after the incident blocked her incapacity claim.

In an ongoing case involving a worker claiming she was bullied by being barred from working from home, a court has clarified when a person has a workplace right to expect their employer to comply with the Fair Work Act's anti-bullying provisions.

An employer has successfully argued it did not unfairly dismiss an absent worker after an independent medical examination (IME) found "malignant resentment" prevented her from ever being fit to return.

A worker's "cruel and menacing" comments about a co-worker, in a private Teams chat with a third colleague, posed a "serious and imminent risk to the safety of the co-worker", a commission has ruled.

A worker who was treated poorly after he asked his boss not to call him a "c-nt" has been awarded at least $93,500, with a court highlighting the worker's rights under health and safety laws and finding his employer's decision to dismiss him was influenced by his complaint.

A commission has called out a major employer's "troubling" reliance on its customer violence de-escalation policies in dismissing a worker drawn into a scuffle with a member of the public, finding the strategy's core aspects "simply did not apply" to the incident that unfolded.

A worker has proved her post-traumatic stress disorder was caused by traumatic incidents throughout her lengthy employment, with a commission rejecting her employer's claim her injury resulted from reasonable action taken after she refused to comply with a COVID-19 vaccine mandate.

A worker has been granted interim stop-bullying orders creating communication restrictions and blocking disciplinary actions against her, with a commissioner expressing "genuine concern" for her safety in the absence of orders.

A commission full bench has upheld a ruling that a manager responsible for communicating drug safety messages to staff - in a hazardous industry - was rightly dismissed for failing to disclose he had been charged with possessing a commercial quantity of cannabis.

A major NSW employer beached Commonwealth anti-discrimination laws by sacking a worker with ADHD because of her disabilities, a Federal judge has found, rejecting the employer's claim that the termination was triggered by serious safety concerns and the worker's "dishonesty".