Employer-favourable
1998
The occupational health adviser’s duty of care is to your employer, not to you, so if you disagree with an OH report your route is to challenge it with your employer directly, not to treat the OH adviser as your own doctor.
Employee-favourable
1997
Every employment contract contains an implied term that your employer will not act in ways designed to destroy the trust between you. They cannot opt out of it, and breaching it gives you legal remedies.
Employer-favourable
1997
An employer treating you unreasonably is not, by itself, evidence of discrimination. You need to show a real or hypothetical comparator was treated better.
Employee-favourable
1996
The law holds your employer accountable for discrimination or harassment by colleagues on the job, whether or not management ever knew or approved.
Employee-favourable
1995
Every employment contract contains an implied term that your employer must give you a reasonable and prompt opportunity to raise and resolve grievances. This is a legal entitlement, not just a matter of good practice.
Employee-favourable
1995
If you're dismissed because you're pregnant, that's discrimination in itself, you don't need to compare your treatment to anyone else's.
Employee-favourable
1995
Your employer owes you a duty of care that covers psychiatric injury from overwork. Once it knows you are at risk, it must act.
Employee-favourable
1994
You are entitled to the reasonable support your job needs to be done. Strip that away and then hold you responsible for the results, and your employer may be in breach of your contract.
Employee-favourable
1994
Your employer owes you a duty of care when writing your reference, and can be liable if they get it wrong through carelessness.
Employee-favourable
1990
Before a disciplinary hearing, you were entitled to know what you were accused of, to see the evidence being used against you, and to have a genuine opportunity to respond. If those things did not happen, the process was not fair.
Employee-favourable
1990
A single serious act of harassment is enough to ground a discrimination claim and, in some cases, a constructive dismissal claim. Your employer’s failure to investigate makes their position worse, not better.
Employee-favourable
1990
Your employer is responsible for how your manager treats you, not just for decisions made at head office.
