Compliance & case law | Page 166 (2,194 items)

A letter written to help an employee obtain a loan did not change the casual nature of his engagement, even though it resembled an offer of employment, the Federal Court has found.

A commission has upheld the summary dismissal of an employee for using drugs he misappropriated from his employer while on duty.

In a long-running matter, an employee has again failed to argue that in not following its grievance resolution procedures, his employer breached his employment contract.

An employment law firm that allegedly failed in its implied duty of care, didn't honour its contractual obligations, and committed adverse action, has lost its bid to have an employee's claims against it dismissed.

The Fair Work Commission has upheld the dismissal of a senior employee for a serious safety breach, finding he should have known better given his 34 years of service.

A Christmas party that an employer didn't organise or host - but did encourage staff to attend - was work-related, an appeal tribunal has found in ruling a s-xually harassed employee was eligible for compensation.

In two new rulings, the Fair Work Commission has shed light on when a casual will be considered to have completed the minimum employment period to gain unfair dismissal rights; and has rejected an Uber driver's claim that he was an employee.

An employee who responded to theft allegations claiming he'd made "a joke", and who called a manager and HR partner "despicable human beings" on social media, has lost his unfair dismissal claim.

A Commissioner has expressed hesitation in reinstating an employee who breached the same rule three times in 12 months, but deemed it the "only" appropriate remedy in the circumstances.

A Federal Court judge has called for employees to be better educated about their rights upon termination, in rejecting a dismissal claim wrongly pursued under general protections laws by a "confused" employee.