Compliance & case law (2,440 items)

Real workplace events that an employee perceived as s-xual harassment "clearly" exacerbated her pre-existing psychological condition, a commission has found, in upholding her workers' compensation claim.

It was "premature" to sack an employee for failing to attend work, when just days earlier he was corresponding with the employer about his return, the Fair Work Commission has found.

Sacking an employee for breaching a company policy was unfair, the Fair Work Commission has found, in circumstances where there was no evidence she'd received specific instructions, and where she'd previously been "acclaimed" by co-workers for the same conduct.

An HR investigation into a workplace incident was "too narrow" and resulted in a flawed process, the Fair Work Commission has ruled in unfair dismissal proceedings.

An independent investigation followed by mediation might have prevented a workplace conflict from escalating into a stop-bullying application, the Fair Work Commission has noted, in highlighting some lessons for employers.

A hybrid working guideline that allowed employees to work from home up to three days a week was "on one view generous", the Fair Work Commission has found, in a flexible work dispute.

An employee who claimed he suffered a psychological injury after performance feedback from his supervisor has failed to convince a tribunal that her behaviour amounted to unreasonable action.

An employer's "textbook" performance management process has helped it defend an unfair dismissal claim, with the Fair Work Commission rejecting the employee's claims that system errors and team-wide backlogs explained his shortcomings.

An employee with a psychological injury and who claimed he had an unsafe workload wasn't forced to resign, the Fair Work Commission has found.

No amount of turnover in an HR team could explain the "grossly excessive" time it took to act on a recommendation to terminate a suspended employee, the Fair Work Commission has criticised.