Employee Who Quit During Paranoid Delusions Was Unfairly Dismissed
The Fair Work Commission overturned an unfair dismissal claim involving a Hutchison Ports stevedore who resigned while experiencing paranoid delusions. Colleagues raised concerns about his mental health, yet the employer did not verify his intent to quit and refused his same‑day attempt to withdraw the resignation. Commissioner Damian Sloan ruled the dismissal was “unquestionably harsh” and unfair, assigning responsibility to the employer. The decision underscores the duty of Australian employers to act when mental‑health warnings arise.
Retaining Director After "Proven S-Xual Misconduct" Forced Employee to Quit
The Fair Work Commission rebuked WA Mirning People Aboriginal Corporation for keeping a director on its board after sexual harassment allegations were substantiated, forcing a communications manager to quit. The manager filed a general protections dismissal claim, arguing the board’s...
More Structure Needed in Employee Sponsorship and Advocacy
Employee sponsorship is a key driver of career advancement, yet most companies treat it informally, which tends to favor bold, outspoken staff. Victoria Butt, founder of Parity Consulting, argues that without structured sponsorship programs, quiet high‑potential employees are overlooked, creating...
Employer's Disciplinary Approach Was "Shoot First, Ask Questions Later": FWC
The Fair Work Commission (FWC) ruled that a warehouse employer’s disciplinary process was “most unsatisfactory,” describing it as treating the employee as guilty until proven innocent. The employee, a Safety Xpress assistant, was dismissed after a written warning for repeatedly...
HR's Ascent Shaped by "Seismic" Events, but More Tests to Come
Specialist recruiter The Next Step released its 10‑year HR Opportunity Index, showing the profession’s evolution from a support role to a board‑level strategic imperative. The index surged to a pre‑pandemic peak of 116.4 in June 2019, collapsed 52% in 90...
Dismissal After Traumatic Workplace Incident Upheld as Fair
A casual employee at Dan Murphy’s in Ballina was dismissed after a traumatic armed‑robbery incident left her unable to return to work. The worker, who was threatened with a knife on June 18, completed two more evening shifts before requesting day...
IME Direction Reasonable Despite "Regrettable" Process Failures
The Queensland Industrial Relations Commissioner upheld an independent medical examination (IME) direction for a long‑absent emergency dispatcher, despite the employer’s procedural missteps. The employee was misinformed about the medical evidence required for her return, but the commission ruled this did...
Sacking Upheld for Employee Who Breached Policies "Out of Curiosity"
The Fair Work Commission upheld the dismissal of a Westpac employee who violated the bank’s code of conduct, privacy, and conflict‑of‑interest policies. The full bench rejected the claim that the lack of an independent investigation made the termination unfair, stating...
Psych Injury Was Caused by Real Work Events, Not "Pure Delusion"
The NSW Personal Injury Commission dismissed Warrumbungle Shire Council’s appeal, confirming that a water‑project engineer’s psychological injury stemmed from actual workplace events. Acting Deputy President Paul Sweeney ruled that causation can be proven when an employee experiences an offensive or...
End of the Road for Two Key Challenges to FW Act Amendments
Employers have lost two pivotal appeals challenging the Fair Work Commission’s interpretation of recent Fair Work Act amendments. The first appeal contested the regulated labour‑hire arrangement (RLHA) orders for workers at 13 mining sites, arguing that BHP OS was providing a...
Guilt, Fear and Re-Traumatisation Common After Burnout
Psychologist Lize Van der Watt warns that employees returning from burnout often face guilt, fear and a risk of re‑traumatisation. Managers frequently assume full recovery and push for an immediate return to previous duties, which she calls unreasonable. She advocates...
HR Director Discriminated Against Employee with Disabilities
An NSW Civil and Administrative Tribunal found that an HR director at NSW Health discriminated against an administrative support officer with anxiety, depression, and Klippel‑Feil syndrome. The director denied her a chance to discuss her disabilities, proceeded with a demotion,...
AI Tools Designed for Fairness Can "Overcompensate"
Researchers at Macquarie Business School examined how inclusion‑focused generative AI tools influence disability bias in hiring. The AI assistant delivered structured, fairness‑oriented prompts to guide managers during complex candidate evaluations. While the tool lowered bias in straightforward assessments, it sometimes...
Q&A: Vicarious Trauma as a Psychosocial Hazard
Vicarious trauma is emerging as a recognized psychosocial hazard, especially for professionals who regularly encounter others' suffering. Mental‑health experts warn that many employers still underestimate exposure and rely on generic wellness measures that fall short. The Q&A outlines prevalence across...
Consultation Breach Turned Genuine Redundancy Into Unfair Dismissal
The Fair Work Commission ruled that a genuine redundancy can become an unfair dismissal if the employer fails to consult employees properly. In a case involving a CDNI Care disability support worker, the employer claimed financial hardship and rushed the...