Compliance & case law | Page 196 (2,486 items)

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.

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.