Compliance & case law | Page 15 (2,441 items)

A safety-critical employee, who turned up to work in an impaired and unfit state to perform his role, has failed to convince the Fair Work Commission his misconduct wasn't "serious" and he shouldn't have been summarily sacked.

It wasn't unfair to dismiss an incapacitated employee without first trying to redeploy or rehabilitate him, the Fair Work Commission has found, given the "likely permanence" of his inability to perform any work.

An employee who saw negative feedback as a "fallacious, malicious and libellous" attack on her reputation is not entitled to compensation for a psychological injury, a commission has found.

It was fair to sack an employee who travelled overseas without approval to take annual leave, despite some shortfalls in the employer's process, the Fair Work Commission has ruled.

The humiliation of having to express breastmilk in a storeroom was "obvious", the Federal Circuit Court has ruled, in upholding an employee's discrimination and adverse action claims.

An HR manager who claimed to have "elevated" experience and the ability to "model proper workplace behaviours" had options other than quitting when she was upset by inappropriate workplace comments, the Fair Work Commission has found.

A sacked leader "was not without her failings", but her supervisor's "managerial cowardice", in failing to raise any performance concerns with her prior to termination, made her dismissal unfair.

After falsifying timesheets and providing a "wholly unconvincing" explanation for them, an employee was ill advised to persist with his unfair dismissal claim, the Fair Work Commission has noted.

An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.

Using a work email address to enquire about a job opportunity wasn't serious misconduct that warranted summary dismissal, the Fair Work Commission has ruled.