Employment law cases | Page 4 (3,649 items)

A Fair Work Commission member was wrong to find an employee didn't breach the 'professional boundaries' provisions in a code of conduct because his behaviour wasn't s-xual, a full bench has ruled.

A Fair Work Commission member was wrong to dismiss a stop-bullying application based on the assumption that an employee who was absent and unfit for duties faced no continuing risk of bullying, a full bench has ruled.

In upholding an employee's appeal, a full bench of the Fair Work Commission has declined to determine whether someone can be considered "at work" and at risk of bullying while they're unfit for duties.

A performance management process was, "on any measure, fair and balanced", despite involving premature approval of an employee's dismissal, a commission has affirmed in appeal proceedings.

An employer was vicariously liable for a director's s-xual harassment of a "vulnerable" young trainee, the Federal Circuit Court has ruled, ordering them to pay her $125k.

Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Watch this HR Daily Premium webcast for an up-to-date review of the legal framework and key rulings.

The Fair Work Commission has stressed the importance of adhering to open justice principles in anti-bullying matters, in refusing an appeal filed by an alleged bully who didn't want to be named in published decisions.

A Fair Work Commission member has criticised an employee's use of the anti-bullying regime as an attempt to punish and embarrass her managers.

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.