Compliance & case law | Page 122 (2,276 items)

HR has become a "dumping ground" for many organisations' legal and regulatory tasks, with burnout an increasingly likely outcome, a risk specialist says.

An employee who refused 32 redeployment options didn't realise his employment was at risk until it was too late, the Fair Work Commission has accepted in allowing his unfair dismissal claim to proceed.

An employee removed from a client site due to complaints about "gossiping" could have received better treatment but ultimately wasn't unfairly dismissed, the Fair Work Commission has ruled.

The Federal Court has found an employer threatened employees with repatriation to "intimidate them into silence", knowing they would put up with below-award rates and conditions.

An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.

Providing access to workplace investigation documents could result in staff not cooperating in future with "complete candour", a commissioner has accepted in upholding an employer's refusal.

In a significant decision, an employee has failed to convince the High Court that his employer breached its enterprise agreement when disciplining and then dismissing him for exercising his intellectual freedom.

Management action does not have to be "perfect" or industrially fair for it to be reasonable, a Commission has noted in finding a stressed employee was not entitled to compensation for a psychological injury.

An employer was more concerned for the alleged perpetrator of workplace s-xual harassment than the complainant, the Fair Work Commission has ruled in dismissing its objection to a claim.

It should have been obvious to an employer that an employee's swearing outburst was due to his poor wellbeing, caused by mishandled workplace complaints, the Fair Work Commission has ruled in overturning his dismissal.