Compliance & case law | Page 106 (2,196 items)

Unions are now targeting paid breaks in court actions, and employers are at risk of overlooking this area of compliance, says former Fair Work Ombudsman Natalie James.

An employee who struggled when criticised and resigned when summoned to a misconduct meeting was not constructively dismissed, the Fair Work Commission has found.

It was difficult to understand why a "brash, aggressive" employee wasn't sacked during her probation period, the Fair Work Commission has said in rejecting her stop-bullying application.

A procedurally unfair dismissal process didn't negate an employer's right to sack a worker over social media posts that mocked domestic violence, expressed racist sentiments, and vilified minority groups, the Fair Work Commission has ruled.

An employee who refused to get vaccinated has failed to prove he was unfairly dismissed, with the Fair Work Commission describing his employer's process as "difficult to fault".

An unsuccessful job applicant is arguing that because he was "outspoken and critical" of a recruitment process, an employer could have presumed he was involved in industrial activity and discriminated against him.

An employee who attributed his repeated lateness to a biological challenge (he wasn't a morning person), while his manager considered it a "pattern of wilful behaviour", has failed to prove his dismissal was unfair.

After an exhausting 2021 filled with people issues, what new and evolving challenges can HR professionals expect to face next? Watch this HR Daily Premium webcast to find out.

Counselling by a colleague who took issue with an employee's "rudeness" was not reasonable management action that could exempt an employer's liability for a psychological injury, a tribunal has ruled.

Employees should be on notice that their "social" behaviour will attract greater scrutiny and face higher standards than in the past, the Fair Work Commission has ruled in upholding a dismissal for harassment.