Compliance & case law | Page 19 (2,192 items)

Inconsistencies between an employee's requested flexible work arrangement and an enterprise agreement didn't constitute a "reasonable business ground" that justified the employer's refusal, the Fair Work Commission has ruled.

When an employee's "defensive" actions during a workplace investigation prompted a client to request her removal from its site, her employer had no choice but to dismiss her, the Fair Work Commission has found.

A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.

Dismissing an employee for misconduct wasn't a "retaliatory response" to his workplace complaints, the Fair Work Commission has ruled.

An employee who claimed she was referred to her as "that fat one" and likened to a "donut" has failed to prove she was discriminated against on the basis of her pregnancy.

A formal policy wasn't required for an employee to know that punctuality was important, but sacking him for being late to work "occasionally" was harsh, the Fair Work Commission has found.

The seriousness with which regulators are taking psychosocial hazards means employers should expect any bullying complaint to be investigated, regardless of whether an injury has been sustained, a safety expert says.

An employee's stop-bullying application contained some "frivolous and vexatious elements", but his allegations about an HR business partner were "highly offensive, indefensible and damaging", the Fair Work Commission has found.

Although a workplace had "clear" interpersonal conflict issues, an employer didn't facilitate a toxic environment that forced a manager to resign, the Fair Work Commission has found.

An employer could have prevented its employee's removal from a site, and his subsequent unfair dismissal, if it had proactively addressed the performance and attendance issues its client raised, the Fair Work Commission has ruled.