Appeals | Page 30 (436 items)

Two High Court rulings have emphasised the importance of contractual rights and obligations when determining whether a worker is an employee or independent contractor.

A recruitment panel did not humiliate a job applicant when it recorded in file notes that he was "crestfallen" about his failure to be selected for a role, a commission has ruled.

Communication between managers and employees can sometimes be "wrongheaded or unfair" without amounting to bullying, a court has ruled in rejecting a psych injury appeal.

Unreasonable behaviour that occurs more than once won't be considered bullying unless it is persistent, a court has ruled in rejecting an employee's stop-bullying appeal.

An employer displayed "marked indifference" to an employee's complaints about appearing in a sexualised workplace safety poster, the Fair Work Commission has ruled.

An employer's duty of care is personal to each individual employee, but its response to a foreseeable psych injury risk must be capable of extending to any employee, a court has ruled in a psych injury appeal.

The High Court has refused to grant special leave to an employee whose $5.2 million damages award for adverse action had been overturned, but the dispute is set to be reheard in the Federal Court.

A candidate has failed to prove a recruiter's "negative" facial expressions during an interview impacted her ability to answer questions, but the employer has nonetheless been ordered to conduct a new selection process.

The "extensive support" an employer provided outweighed any unfairness in its decision to demote an underperforming employee who was experiencing personal difficulties, a commission has found.

In an important ruling for employers that engage labour hire workers, an employee has lost his appeal for reinstatement to a site that expelled him.