Compliance & case law | Page 115 (2,320 items)

A "little bit" of swearing towards a director was "nothing serious", but when the behaviour escalated to verbal and physical abuse it became unreasonable, a tribunal has found in a psych injury appeal.

Setting up a rival company 'clearly destroyed' the confidence required in an employment relationship, the Fair Work Commission has found in upholding a summary dismissal.

An employee's dismissal for failing to follow his employer's absence notification requirements during the height of COVID restrictions was "very regrettable", the Fair Work Commission has ruled in awarding maximum compensation.

An employer has been found vicariously liable for sexual harassment and assault, with a tribunal criticising its "manifestly inadequate" response to an employee's complaints.

In a case highlighting the importance of contemporaneous dismissal evidence, the Federal Circuit Court has rejected that a general manager was sacked for making workplace bullying complaints.

An employer's s-xual harassment investigation focused on a complainant's "subjective reactions" and failed to fully consider the context of an incident, the Fair Work Commission has ruled in ordering reinstatement.

The Fair Work Commission has ordered reinstatement after finding an employer's tendency to "inflate the gravity and seriousness" of a worker's misconduct led to a harsh dismissal.

A 60-year-old employee sacked because he could no longer perform the inherent requirements of his role was not unfairly dismissed, despite arguing HR defamed him, a commission has found.

An employer effectively forced a poor-performer to resign but it didn't unfairly sack him; rather, it was trying to give him a "dignified exit", the Fair Work Commission has found.

In a new decision under the Fair Work Act's powers to order sexual harassment to stop, a Deputy President has examined when harassment will be deemed to have occurred "at work".