Compliance & case law | Page 112 (2,527 items)

An employee's perception of an "offensive and hostile" workplace, and of managers' attempts to fix it, caused her psychological injury, a commission has ruled.

In a case that highlights the risk of having "complex" workplace policies, the Fair Work Commission has found an employee's valid dismissal for deleting data off her work phone was harsh.

An employee suffered a psychological injury as a result of two assaults and a perceived lack of employer support, and not because of reasonable disciplinary action, a commission has ruled.

Despite having conducted a 19-month investigation, an employer needed "more robust" evidence to prove an employee deliberately tried to provoke workplace conflict, a commission has ruled.

An employer's "absolute failure" to disclose its reasons for sacking a "disruptive" employee has foiled its unfair dismissal defence.

A senior employee had no choice but to resign after an employer said her performance was "just not working for the business", just weeks after she requested leave to have surgery, the Fair Work Commission has found.

A supervisor who referred to workers as "dumb c-nts" and failed to report a subordinate's harassment and excessive "farting" in the office has failed to prove his dismissal was unfair.

An employer has failed to have a $34k unfair dismissal order revoked, after arguing it didn't participate in proceedings because a "rogue" HR professional had misled it into thinking the case was over.

It would be unfair to require an employer and two HR professionals to defend an employee's "incomprehensible" adverse action claim, the Federal Circuit Court has ruled.

The Fair Work Commission has ordered the reinstatement of an employee who was sacked while facing criminal charges, finding his employer "confected" allegations while he was absent.