Employment law cases | Page 5 (3,649 items)

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.

An employee's flexible work request was sufficiently related to his age, the Fair Work Commission has found, in rejecting he was seeking "open-ended optimisation of his working arrangements" rather than transitioning to retirement.

An employer had decided an employee wasn't suited to his role before he took sick leave, the Federal Circuit Court has accepted, ruling that sacking him the day he returned to work wasn't unlawful adverse action.