Appeals | Page 22 (436 items)

An employer's failure to ask employees whether they wanted to work on public holidays was unlawful, a Federal Court full bench has ruled.

An employer has defended rejecting an employee's request to work from home one day a week, arguing it was "not sustainable" for colleagues to take on his duties when he wasn't there.

Two workers found by the High Court to be independent contractors have failed to prove they should nonetheless be classified as "employees" for superannuation purposes.

Employers are being warned not to "shy away" from complicated clauses in employees' contracts, as these can be critical to defending underpayment claims.

A recent full Federal Court decision "really reinforces" the utility of contractual set-off clauses and how they can help employers facing underpayment claims, workplace lawyers say.

Despite having conducted a 19-month investigation, an employer needed "more robust" evidence to prove an employee deliberately tried to provoke workplace conflict, a commission has ruled.

An employee who was subjected to "serious and repeated" harassment by her manager is entitled to more than the $10k in damages she was originally awarded, a court has ruled on appeal.

An employee with an "apparent fixation" on the changing gender balance of his workplace has failed to block disciplinary action after colleagues complained about his behaviour.

An employer must again defend dismissing a worker who said she would "take down" the company, after she won an appeal but then lost a dispute over what form the rehearing should take.

An employer that took a "commendable" approach to dealing with an employee's workload concerns has successfully appealed against her compensation for a psychological injury.