Employment law cases | Page 9 (3,649 items)

Employers have lost two important appeals that challenged the Fair Work Commission's interpretation of Fair Work Act amendments.

An HR director denied an employee the opportunity to discuss her disabilities and fitness for work because she'd already "made up her mind" to demote her, a tribunal has found.

Organisations making urgent lay-offs must still comply with their consultation requirements, the Fair Work Commission has highlighted, in rejecting that an employer had no time to consult before making a role redundant.

An employer took appropriate steps to ensure an unwell employee was "sound of mind" before accepting his resignation, a Fair Work Commission full bench has found in upholding its constructive dismissal appeal.

The Fair Work Commission has criticised an employer for requesting a stay of an unfair dismissal compensation order, after it failed to comply with the payment deadline.

In appealing an unfair dismissal ruling, an employer has unsuccessfully argued that prohibiting an employee from working after she resigned was a "reasonable operational decision".

It wasn't reasonable for an employer to rely on a manager's "eyewitness" account of a workplace assault, given he then "took absolutely no action, and continued on with the working day", a commissioner has ruled.

The events an employee claimed were discrimination weren't linked to her autism and ADHD, but rather resulted from managers' understandable concerns about her performance and behaviour, a tribunal has ruled.

It was unreasonable to summarily dismiss an employee for stealing food from her workplace, without unequivocal evidence that she didn't intend to pay for the items she ate, the Fair Work Commission has ruled.

A sacked employee has won reinstatement despite his employer's objections, with the Fair Work Commission accepting he could continue advocating for his jailed partner without adversely affecting its reputation.