Compliance & case law | Page 127 (2,488 items)

In a decision that highlights the consequences of "haphazard" and "reactive" HR practices, the Fair Work Commission has allowed an employee to dispute his dismissal after finding his fixed-term employment unintentionally became permanent.

It was unfair to deny an employee the opportunity to discuss redeployment options, but her "hysterical" and "unbalanced" conduct during the consultation process made her redundancy genuine, the Fair Work Commission has ruled.

Despite assisting its workers into new jobs when a contract transferred to a different supplier, an employer has failed to prove it should not have to pay them redundancy entitlements.

An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.

An HR manager took the "first opportunity" to dismiss an employee who raised workplace bullying allegations, a court has ruled in adverse action proceedings.

The Fair Work Commission has "utterly" rejected an employer's interpretation of the casual conversion provisions' 'reasonable grounds' exception.

A mentally unwell employee has failed to prove her employer compromised her ability to return to work after she suffered a psychological injury, and that she was therefore unfairly dismissed.

An employee has failed to prove her dismissal for "very serious" misconduct was harsh because she'd already been subjected to a prolonged investigation and "significant" penalty regarding earlier allegations.

After sacking an employee for a code of conduct breach involving a consensual s-xual interaction, an employer has successfully appealed against orders to reinstate and compensate him.

Employers have two critical lessons to take away from the operation of the Fair Work Commission's stop-s-xual harassment jurisdiction so far, an employment lawyer says.