Compliance & case law | Page 100 (2,318 items)

Amid soaring absence rates many employees are now being accused of abandoning their employment, but there's a high threshold for establishing this in a dispute, a lawyer says.

A Fair Work Commission full bench has upheld a union's appeal regarding its right to be involved in an employer's recruitment and selection process.

The Fair Work Commission has ordered an employee's reinstatement after finding "one isolated incident" at work, which resulted in criminal charges, didn't warrant dismissal "without some kind of warning first".

Demoting an employee whose "zealous approach" to his role negatively affected workplace relationships was fair and reasonable, the Fair Work Commission has ruled.

An employee has failed to prove she was forced to resign for the sake of her mental health, alleging she was bullied and falsely accused of misconduct.

An employer has failed to prove its former employee breached his contract when he sent himself a list of the organisation's customers.

Sacking a worker for being unable to perform the inherent requirements of her role, which included reporting to a manager who had bullied her, was not unlawful adverse action, an employer has proved.

An employee whose attitude and conduct "crossed a line" after his colleague's workplace treatment has failed to prove he was unfairly sacked.

After hiring two employees from its competitor Employsure, HR software company Elmo has won one dispute and lost the other over whether the post-employment restraints in their contracts were reasonable.

A manager with post-traumatic stress disorder has accused an employer of having "no care factor", claiming that with the right support and adjustments, she could have returned to work.