Appeals | Page 4 (436 items)

Despite acknowledging significant flaws in an employer's process, the Fair Work Commission has refused to grant an employee leave to appeal against a finding that he was fairly dismissed.

A full Federal Court ruling affirms there's a low threshold for what triggers the corporate whistleblower regime, and workplace lawyers say it provides "authoritative guidance" on how employers can discharge their reverse onus of proof.

An employer had solid reasons for finding a manager's behaviour posed psychosocial safety risks, and for expecting senior leaders to have greater awareness of their conduct obligations, a commission has found.

A people and culture leader didn't mischaracterise a manager's conduct as inappropriate based on the "angry black woman" trope, a commission has found.

After initially throwing out his claim, the Fair Work Commission has found a mentally unwell employee was dismissed when his employer accepted his resignation, and that his circumstances made this "unquestionably harsh".

An employee whose general protections claim was struck out as an abuse of process has won leave to appeal, after the Federal Circuit Court accepted his contentions of bias had sufficient prospects of success.

It was "unfortunate" that an employee was misled about the medical evidence she needed to provide to return to work after a long absence, but this didn't justify her objections to attending an independent medical examination, a commission has ruled.

In dismissing the appeal of an employee sacked for code of conduct and privacy breaches, a Fair Work Commission full bench has rejected that the absence of an independent investigation rendered an employer's termination process unfair.

An employee's psychological injury was caused by real work events rather than "pure delusion", a commission has upheld in dismissing an employer's appeal.

Employers have lost two important appeals that challenged the Fair Work Commission's interpretation of Fair Work Act amendments.