Employment law cases | Page 167 (3,773 items)

An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.

Providing access to workplace investigation documents could result in staff not cooperating in future with "complete candour", a commissioner has accepted in upholding an employer's refusal.

In a significant decision, an employee has failed to convince the High Court that his employer breached its enterprise agreement when disciplining and then dismissing him for exercising his intellectual freedom.

Applications for orders to stop workplace bullying carry multiple risks that sometimes fly under the radar for employers, a workplace lawyer says.

Management action does not have to be "perfect" or industrially fair for it to be reasonable, a Commission has noted in finding a stressed employee was not entitled to compensation for a psychological injury.

An employee was wrong to think a performance improvement plan was an attempt to "push her out of the company", the Fair Work Commission has found, accepting that an HR manager tried to alleviate her fears.

An employer was more concerned for the alleged perpetrator of workplace s-xual harassment than the complainant, the Fair Work Commission has ruled in dismissing its objection to a claim.

It should have been obvious to an employer that an employee's swearing outburst was due to his poor wellbeing, caused by mishandled workplace complaints, the Fair Work Commission has ruled in overturning his dismissal.

An employee had no "right" to choose the type of D&A test she undertook, and was fairly sacked for refusing a lawful and reasonable direction, the Fair Work Commission has found.

A chief people officer's decision to sack an employee for assisting police in a murder investigation was "irrational, if not bizarre", a court has found.