Compliance & case law | Page 2 (2,529 items)

The faults in an employer's disciplinary process were "not mere blemishes" but rather "substantial flaws that rendered the process unfair", the Fair Work Commission has found.

An employee's requested flexible working arrangement was completely misaligned with peak demand for the work she performed, the Fair Work Commission has accepted.

An employee's aggressive and threatening response to being called a "c-nt" warranted his dismissal, but mitigating factors made the decision harsh, the Fair Work Commission has ruled.

A P&C leader's heavy reliance on a manager's dismissal recommendation, without independently verifying her concerns, has undermined an employer's defence of an adverse action claim.

A manager's sexualised comments at work were "clearly misplaced attempts at banter" rather than serious misconduct, but overall his behaviour justified his dismissal, the Fair Work Commission has found.

It was reasonable to direct an absent employee to attend a "tie-breaker" IME, and "unfortunate" that his refusal made his dismissal valid, the Fair Work Commission has ruled.

If an employer had provided "meaningful support" to improve a new manager's performance, it likely wouldn't have sacked him, the Fair Work Commission has commented in ordering maximum compensation for unfair dismissal.

A team leader took unlawful adverse action against an employee who made "repetitious" and "increasingly disruptive" workplace complaints, the Federal Circuit Court has ruled.

It was unfair to dismiss an injured employee "out of the blue", despite her two-year absence and inability to work, the Fair Work Commission has ruled.

An employer has unsuccessfully sought to remove two senior HR leaders from an employee's general protections claim, which it is defending by arguing their actions were "consistent with ordinary HR inefficiency", rather than unlawful.