Compliance & case law | Page 15 (2,398 items)

Comments added to an employee's half-yearly review were simply feedback, "not performance management, or any kind of discipline", and therefore couldn't underpin an adverse action claim, the Federal Court has ruled.

An HR business partner's "damning assessment of morale and employee relations" in a senior manager's team was the final straw that prompted his dismissal, the Federal Court has found in redetermining a long-running adverse action case.

An employer has lost its dispute over liability for a psychological injury, with a tribunal accepting workload issues and a lack of support were the cause, rather than stress resulting from the employee's physical health problems.

A fake list of achievements on an employee's resume weren't the result of his "faulty recollection" and carelessness, but rather a deliberate attempt to mislead his employer, a commission has ruled.

When an employer responded to an employee's bullying complaints by threatening her mother's job, she had no choice but to resign, the Fair Work Commission has found.

A sacked employee wasn't "up to the job", according to his employer, and his role was no longer required, but the Fair Work Commission has ruled his dismissal was nonetheless unfair.

Despite its evidence of ongoing performance issues, an employer has failed to prove it didn't sack an employee for frequently taking unplanned personal leave.

After failing to consult with an absent worker prior to deciding her role was redundant, an employer has been ordered to reinstate her.

It simply isn't possible for any workplace process to meet the needs of every neurodivergent person, no matter how much care and thought goes into its design, a commission has noted in response to an aggrieved employee's claim.

When an employer reduced the wages of men in its workforce by $10k to bring their pay into line with women's, it effectively dismissed them, the Fair Work Commission has ruled.