Compliance & case law | Page 148 (2,527 items)

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.

Two employers that rejected a candidate's job application because of his age have been fined for "overt and serious" discrimination.

A court has expressed concerns about an employer's attempt to "sterilise" a former employee's ability to work for a potential competitor, without justification, in dismissing its interlocutory restraint case.

The Fair Work Commission has again upheld the sacking of an employee who refused a flu shot, with the majority bench controversially noting the public interest would not be served by encouraging a "spurious objection to a lawful workplace vaccination requirement".