Compliance & case law | Page 12 (2,529 items)

After accusing an employee of misconduct because she'd complained about being forced to take annual leave, an employer then effectively dismissed her when it took her departure from work as a resignation, the Fair Work Commission has found.

A managing director was terminated because he complained about a direction that put him in an "impossible position", the Federal Court has ruled.

The Fair Work Commission has rejected that an employee's fourth consecutive fixed-term contract was excluded from the Fair Work Act's limitations, finding he was dismissed.

There appears to be a low level of compliance with employers' positive duty regarding workplace s-xual harassment, with absent or poorly enacted policies common, along with deficient investigations, a lawyer says.

It was fair to sack an employee for misusing his personal leave entitlement, the Fair Work Commission has found, in giving no weight to the medical certificate he obtained through an online service.

An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".

It was unreasonable to keep an employee "in the dark" after concluding serious misconduct allegations weren't substantiated, a tribunal has found in psychological injury proceedings.

In the absence of any complaints to HR, the Federal Circuit Court has rejected that racist and crude comments towards a supervisor were commonplace, and dismissed her discrimination and s-xual harassment claims.

An employer has lost its appeal against reinstating an employee sacked for inappropriate conduct, after failing to convince a Fair Work Commission full bench that more regard should have been had to his impact on female colleagues.

Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.