Compliance & case law | Page 126 (2,402 items)

It was unreasonable to expect an employer to fashion a role around an injured employee's incapacities, and despite its ineffective communication, her dismissal was nonetheless fair, a commission has ruled.

A manager's "ferocious texting" during work hours made it "impossible to believe" she did any work at all, the Fair Work Commission has chided in rejecting her unfair dismissal claim.

The issues that triggered an employee's performance management should have instead prompted "proactive and practical training", a tribunal has found in awarding compensation for a psych injury.

An employee has failed to prove that she should have been redeployed into one of several available roles in her employer's associated entities when it was deciding whether to make her role redundant.

Three employees have failed to prove an employer breached their enterprise agreement when failing to consult about its COVID vaccination requirements or offer them alternative work arrangements.

An organisation accused of harming an employee's mental health has been cleared of bullying allegations, with the Fair Work Commission accepting it "turned itself inside out" to accommodate him.

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.