Employment law cases | Page 33 (3,821 items)

Being the subject of an apprehended domestic violence order application does not attract protection from adverse action under the Fair Work Act, the Federal Circuit Court has ruled.

An angry phone call from a client made an employee feel like he was "under attack", and significantly contributed to his psychological injury, a commission has ruled.

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.