Employment law cases | Page 104 (3,389 items)

A manager's "playful gesture" to ease workplace tensions with a colleague was "entirely inappropriate", but it wasn't misconduct that warranted her demotion, a commission has ruled.

An employee's "appalling mistreatment" of a manager couldn't be "waived away" by his alleged mental health issues, the Fair Work Commission has found in unfair dismissal proceedings.

An employee held "premature" concerns that he would be dismissed if a misconduct investigation against him continued, the Federal Court has ruled in refusing to grant his request to pause it.

A worker accused of failing to read "social-emotional cues" did not harass a colleague when repeatedly trying to apologise for hitting her in the head, a commission has found.

A director who could at times be "uncompromising, argumentative or abrasive" has won reinstatement, continuity of service, and $87k in backpay and compensation, after the Fair Work Commission found his dismissal for serious misconduct was unfair.

The Fair Work Commission has 'closed its eyes' to certain realities about a contracting relationship, in upholding an organisation's appeal against a finding that a delivery rider was an employee with unfair dismissal rights.

An employee who wouldn't consent to being "stabbed" with "poison" has failed to prove her employer dismissed her when it refused to send her to client sites.

It was not unfair to medically retire an employee who had been on leave for more than two years and whose mental state deteriorated "simply at the thought" of returning to work, the Fair Work Commission has accepted.

An employer has failed to prove that an injured employee's alleged incapacity for work was caused by his pre-existing mixed personality disorder, rather than "persistent and racist" workplace bullying.

An employer's extraordinary resistance to providing further information about its proposed enterprise agreement has "amplified" a Fair Work Commission full bench's concerns about its application.