Compliance & case law | Page 15 (2,317 items)

When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.

Prescriptions for medicinal cannabis are on the rise, and while some products don't have the psychoactive effects of others, they could still impair a person's fitness for work, a lawyer warns.

A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.

A casual employee whose engagements were described as "ad hoc and sporadic" had unfair dismissal protection and was sacked without a valid reason, the Fair Work Commission has ruled.

An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.

Accusing an employee of misconduct and issuing her a warning, in circumstances which at their highest pointed to an inadvertent breach, was not reasonable administrative action, a tribunal has found.

After responding to multiple performance and conduct concerns with only warnings and counselling, an employer has failed to convince the Fair Work Commission that it had a valid reason to opt for termination.

It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.

Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.

There are two major findings with implications for most employers in the Federal Court's latest decision regarding Woolworths' and Coles' alleged underpayments, a workplace lawyer says.