Compliance & case law | Page 18 (2,192 items)

Despite a "sub-optimal" workplace that condoned conversational swearing, an employee should have been aware that referring to female staff as "those b-tches" was grossly inappropriate, the Fair Work Commission has ruled.

An employer's decision to dismiss a worker who had been absent for nearly two years was based on "assumptions or incomplete information", the Fair Work Commission has found.

Secretly recording workplace conversations and disseminating them to colleagues was "sneaky, deceitful and unfair", the Fair Work Commission has ruled, finding the employee in question "needed to be stopped".

Summarily sacking an employee after he significantly over-reported work linked to bonus payments was fair, despite a flawed dismissal process, the Fair Work Commission has ruled.

An employee who was "hypersensitive" to workplace gossip and criticism has won compensation for a psychological injury, after a commission found a procedurally unfair misconduct investigation was its predominant cause.

If an employee had provided more insight into her workplace concerns, instead of resigning, her employer might have been "more proactive" in addressing them, the Fair Work Commission has ruled.

Despite not previously addressing an employee's inappropriate language at work, an employer has been cleared to discipline her for failing to role model "positive workplace behaviours".

Banning non-compete clauses is a "sensible" move for some workers, however employers should be concerned if the changes go further than has currently been flagged, a lawyer says.

Sacking an employee for failing to disclose a "very serious injury" did not cause his "downhill spiral" into dr-g use, a tribunal has ruled in a workers' compensation dispute.

In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.