Employment law cases | Page 22 (3,821 items)

General protections breaches "should never be treated as an acceptable risk of doing business", a Federal Circuit Court judge has stressed, in awarding about $90k to "a most difficult and challenging employee".

The public interest test poses a "very significant threshold" for employers to meet when they're seeking to appeal a Fair Work Commission decision, a lawyer says.

An employer's decision to sack an employee who refused to attend independent medical examinations was valid, but characterising her behaviour as serious misconduct was harsh in the circumstances, according to the Fair Work Commission.

Placing an employee on his second performance improvement plan didn't amount to a constructive dismissal, the Fair Work Commission has ruled.

It was reasonable for an employer to refuse a fully-remote flexible work request, the Fair Work Commission has found, in ordering a compromise agreement.

It was reasonable to ask an employee to take a D&A test after he was reported behaving erratically at work, a commission has ruled in rejecting his psychological injury claim.

A manager who provided "harrowing" descriptions of feeling degraded after experiencing homophobic comments and s-xual harassment at work has been awarded $116k in compensation and penalties by the Federal Circuit Court.

Employers face a high bar when seeking to appeal a Fair Work Commission decision. Watch this webcast to ensure you're fully informed about the process and what to expect.

It would be "much simpler" to consider abandonment of employment as falling within the definition of dismissal under the Fair Work Act, instead of applying the "complicated contractual concept of renunciation", according to a Fair Work Commission member.

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.