Compliance & case law | Page 128 (2,402 items)

An employee made a "conscious decision" to perform his safety-critical role despite taking drugs a few days earlier, the Fair Work Commission has ruled in upholding his dismissal.

An employee who allegedly made inappropriate comments to a member of the public and touched her hair has failed to prove her accusations were so vague as to render his dismissal unfair.

It was "easy" to see why an employee believed she had been targeted for disciplinary action, but she was ultimately the "author of her own misfortunes", a court has found in rejecting her adverse action claim.

Reactivating a finalised harassment complaint against an employee may well be substantively unfair, but it wasn't procedurally unfair according to an employer's enterprise agreement, the Fair Work Commission has ruled.

A labour hire company has been ordered to compensate a retrenched worker after the Fair Work Commission found its consultation failures made his dismissal unfair.

The action taken by "frustrated" managers was not always perfect, but it was still reasonable, the Fair Work Commission has ruled in dismissing a stop-bullying application.

A recruitment panel did not humiliate a job applicant when it recorded in file notes that he was "crestfallen" about his failure to be selected for a role, a commission has ruled.

An employee who claimed mental health issues prevented him from returning to the office after a year of remote working has failed to prove he was unfairly sacked for ignoring directions.

A PIP is not a disciplinary process but "a plan to address deficiencies to enable an employee to succeed", the Fair Work Commission has reminded an employer that "bypassed" proper procedures.

A general manager's "sense of entitlement" regarding his former employer's confidential files and intellectual property was "completely at odds" with his legal obligations, a court has ruled.