Employment law cases | Page 16 (3,649 items)

After claiming there was "nothing it could have done" to prevent a manager from s-xually harassing a younger colleague, an employer has been found vicariously liable for his behaviour.

It was "implausible" that a manager would plead guilty to a criminal charge if the allegations underpinning it weren't true, a commission has commented, in finding he also breached workplace harassment laws.

Sacking an employee for making inappropriate comments over a work radio wasn't unfair, the Fair Work Commission has ruled.

Failing to properly consider whether an injured employee could perform modified duties has undermined an employer's defence to her psychological injury claim.

Placing a collection of rubber ducks and a pentagram on a coworker's desk may have been unwise, but it wasn't malicious, the Fair Work Commission has found in unfair dismissal proceedings.

Employers are now firmly on notice that when they're considering a major workplace change, they need to assess the risk of psychosocial hazards potentially arising from it, a lawyer says.

A court has thrown out a novel adverse action claim, in which an employee argued he was refused a job on the basis of a physical disability, while also denying that he had such a disability.

The Federal Court has rejected both the "bland explanation" an employee received for his dismissal and his employer's later argument that he was underperforming, finding instead that he was sacked for exercising a workplace right.

The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.

It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.