Compliance & case law | Page 20 (2,355 items)

A "rude" employee could have provoked "a much more robust" response from managers, but instead they remained calm, considerate and professional, the Fair Work Commission has ruled in stop-bullying proceedings.

The first penalty issued under whistleblower laws reinforces the importance of prioritising compliance and fostering a culture that supports reporting, according to a workplace lawyer.

In upholding the sacking of a worker accused of defrauding his employer of $12, a Fair Work Commission member denied him procedural fairness, a full bench has ruled.

Frustration of an employment contract in circumstances of illness or injury "is a difficult concept to establish", a Fair Work Commissioner has noted, in clearing a worker to pursue his unfair dismissal claim.

"Human resources could have intervened more effectively" when an employee's concerns about her performance rating continued to escalate, the Fair Work Commission has found.

Relying on repudiation of employment as a reason for termination can be risky, a lawyer says in our latest Q&A.

A Fair Work Commission full bench has clarified when the end of a fixed-term contract might constitute a dismissal, finding that a conditional "promise" of ongoing employment wasn't a contractually binding offer.

A senior HR advisor's disciplinary process was unnecessarily lengthy and beset with "obvious problems", but that didn't outweigh that she had breached the employer's code of conduct, a commission has ruled.

The refusal of an HR manager's flexible work request did not indicate the employer intended to end her employment or leave her with no choice but to quit, the Fair Work Commission has ruled.

Hopes that a new employee would "hit the ground running" did not materialise, and prompted numerous workplace issues that ultimately caused her psychological injury, a commission has ruled.