Employment law cases | Page 43 (3,771 items)

It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.

Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.

The Fair Work Commission is planning to require more work upfront from individuals lodging general protections dismissal claims, its President has told a conference.

There are two major findings with implications for most employers in the Federal Court's latest decision regarding Woolworths' and Coles' alleged underpayments, a workplace lawyer says.

The Fair Work Commission had no jurisdiction to consider whether FDV experienced while working from home meant an employee had suffered a workplace injury, it has noted in concluding her dismissal after a 15-month absence wasn't unfair.

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Despite receiving HR advice about how to handle a redundancy meeting, an employer gave a long-serving manager no prior notice of its decision and no opportunity to bring a support person, among other factors found to be unreasonable.

A "rude" employee could have provoked "a much more robust" response from managers, but instead they remained calm, considerate and professional, the Fair Work Commission has ruled in stop-bullying proceedings.

Responding to whistleblower disclosures with defensiveness is "dangerous", an employer's $7.5 million penalty highlights.

The first penalty issued under whistleblower laws reinforces the importance of prioritising compliance and fostering a culture that supports reporting, according to a workplace lawyer.