Compliance & case law | Page 167 (2,194 items)

An employer's delay in allowing an employee to bring her service dog to work was "arguably poor" from a process point of view, but was not disability discrimination, a tribunal has found.

An employee who was dismissed for serious misconduct was not afforded procedural fairness partly because her employer failed to take into account her "quiet and timid" personality, the Fair Work Commission has ruled.

The Fair Work Commission has awarded $9000 in compensation to an employee it found was unfairly dismissed after an aggressive altercation with a co-worker.

The Federal Circuit Court has deemed an individual's financial situation almost irrelevant compared to the need for deterrence, in personally fining a him $39,000 for underpaying workers.

An employer that claimed it warned an employee about his conduct on multiple occasions before dismissing him, has undermined its reliance on a zero-tolerance policy to support its actions, the Fair Work Commission has ruled.

"Significant fluctuations" in an employee's enthusiasm for redeployment were more problematic than minor flaws in his employer's processes, the Fair Work Commission has found, accepting his redundancy was genuine.

A Fair Work Commission full bench has cleared an employer to use CCTV footage to defend an unfair dismissal claim, despite an earlier finding that it had been unlawfully obtained.

A tribunal has ordered an employer not to sack a whistleblowing manager for at least three months, accepting he could arguably win an unfair dismissal action.

The Fair Work Commission has put an employer on notice following an "unbalanced" process that saw one employee sacked as a result of an argument, while the other wasn't even rebuked.

The Fair Work Commission has found that a "brutal" dismissal fell short of being harsh, because the employee had "clear and fair opportunities" to respond to the allegations against him.