Compliance & case law | Page 147 (2,318 items)

In a rare decision, the Fair Work Commission has ordered an employer to pay a sacked worker's unfair dismissal claim costs, finding its "stony silence" caused reasonable settlement offers to fall into a "costly litigation black hole".

A 71-year-old prospective employee whose job offer was rescinded shortly after he disclosed his age to HR has failed to prove the employer took unlawful adverse action against him.

The Fair Work Commission has upheld the sacking of an employee who claimed his policy breaches were "minor" and didn't warrant dismissal.

An employer effectively stood down a worker when it ignored her requests to return after lockdowns lifted, and has to compensate her for 19 weeks of lost pay.

A manager and HR business partner who refused to delay a performance meeting so an employee's preferred support person could attend had no reasonable grounds for doing so, a tribunal has ruled.

An organisation that decided to make an employee's position redundant and terminated her employment on the same day has failed to convince the Fair Work Commission that it either didn't need to consult her, or already had.

An employee's "naïve belief" that he could unilaterally decide when he would return to his workplace was a valid reason for dismissal, but his employer's "severely flawed" process made it unfair.