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

An employer had reasonable business grounds to refuse an employee's flexible work request, given her customer service work couldn't be performed from home or "behind locked doors", the Fair Work Commission has found.

A decision to suspend an employee without pay while he faces criminal charges over an alleged workplace assault has been upheld as fair and reasonable, despite his strenuous denials of any wrongdoing.

Following his "unquestionably harsh" constructive dismissal, an employee has failed to convince the Fair Work Commission that his "complex and severe psychiatric condition", and his loss of credentials due to a recent criminal conviction, shouldn't rule out reinstatement as a remedy.

The Federal Government intends to ban not only non-competes, but also terms that prohibit co-worker solicitation, and the use of "cascading clauses" in post-employment restraints, draft legislation shows.

An employer must reinstate an employee it accused of time theft and safety breaches, after the FWC found his allegedly serious misconduct either didn't occur, or was a "one-off record keeping breach".

Deciding to dismiss an employee within hours of receiving her workplace complaint wasn't unlawful adverse action, the Federal Circuit Court has ruled.

Despite establishing some of its disciplinary processes were reasonable, an employer has been found liable for an employee's psychological injury.

The $170k in damages awarded to an employee who suffered "nightmare" conduct from her manager serves as a lesson to all employers to identify and take measures against common risk patterns, according to a workplace lawyer.

Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to the Fair Work Commission.

Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.