Compliance & case law | Page 127 (2,320 items)

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.

An employee had no "right" to choose the type of D&A test she undertook, and was fairly sacked for refusing a lawful and reasonable direction, the Fair Work Commission has found.

A chief people officer's decision to sack an employee for assisting police in a murder investigation was "irrational, if not bizarre", a court has found.

An employer is entitled to put a stop to bad workplace behaviour via dismissal in circumstances where a lack of remorse suggests such conduct could occur again, the Fair Work Commission has stressed.

In their rush to make faster recruiting decisions in this tight candidate market, employers are opening themselves up to some legal risks and ethical issues, a lawyer says.

The Fair Work Commission has recommended rather than ordered an employer to update its policies, procedures and training, after accepting a "menacing" letter to an employee was likely to be bullying.

An employee has won reinstatement and nearly three years' backpay after a tribunal found her morbid obesity led to discrimination and unfair dismissal.