Compliance & case law | Page 10 (2,355 items)

The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.

It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.

An employee has won his unfair dismissal claim despite showing a concerning lack of insight into his inappropriate behaviour, after the Fair Work Commission found his sacking could have a "catastrophic consequence".

There was no evidence to support an employee's allegations of "unresolved psychosocial hazards", and in any case these didn't justify his unauthorised absences from work, the Fair Work Commission has ruled.

An employer accused of engaging in a "protracted campaign" to dismiss a pregnant employee has successfully defended her general protections claim.

It was fair to sack an employee whose workplace complaints were so unreasonable and persistent that managing them required another worker's almost full-time dedication, the Fair Work Commission has ruled.

Telling an employee who was seeking an early pay rise not to copy the CEO in on her grievance emails was clearly lawful and reasonable, and breaching this direction warranted her dismissal, the Fair Work Commission has found.

Comments added to an employee's half-yearly review were simply feedback, "not performance management, or any kind of discipline", and therefore couldn't underpin an adverse action claim, the Federal Court has ruled.

An HR business partner's "damning assessment of morale and employee relations" in a senior manager's team was the final straw that prompted his dismissal, the Federal Court has found in redetermining a long-running adverse action case.

An employer has lost its dispute over liability for a psychological injury, with a tribunal accepting workload issues and a lack of support were the cause, rather than stress resulting from the employee's physical health problems.