Employment law cases | Page 5 (3,771 items)

It was "heavy handed" to frame an employee's error as a conduct rather than performance issue, the Fair Work Commission has ruled.

Abruptly ending an employee's informal flexible working arrangement caused her to suffer a psychological injury, and wasn't 'reasonable management action', a tribunal has ruled.

The short time between an employee's email request and her dismissal wasn't proof of unlawful adverse action, the Federal Circuit Court has found.

An employer has successfully defended an unfair dismissal claim despite its "woeful" harassment investigation, with the Fair Work Commission finding its procedural flaws were outweighed by the gravity of the employee's conduct.

Recent constructive dismissal appeals highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.

After rejecting multiple settlement offers and pursuing seven claims despite being on notice of their flaws, an employee has to pay a portion of her employer's "considerable" legal costs.

It was unreasonable to recharacterise an incident after an investigation found an employee's conduct wasn't malicious or intentional, the Fair Work Commission has found in unfair dismissal proceedings.

The Fair Work Commission has criticised an employer's "awkward attempts" to retrospectively justify its hasty exit of a general manager, who was presumed to have engaged in fraudulent conduct.

There was no reason to grant an employer's appeal against a finding that it sacked an employee who had already resigned, a full bench of the Fair Work Commission has found. But in the same decision, it has more than doubled the amount of compensation payable for the unfair dismissal.

An employer didn't discriminate against an employee on the basis of his race when it told him he had to adhere to his roster, while simultaneously approving a co-worker's amendment request, a tribunal has found.