Compliance & case law | Page 206 (2,399 items)

The Fair Work Commission has found an employment relationship began the moment a contingent worker accepted an offer of direct employment, but has cleared the company of unfairly dismissing him when it withdrew its offer days later.

The Federal Circuit Court has accepted an employer sacked a worker for harassing and intimidating colleagues, not for making workplace s-xual harassment and safety complaints as she alleged in her adverse action claim.

A casual worker employed on a 'temporary' assignment has been cleared to claim unfair dismissal, after the Fair Work Commission heard an extension of her contract had no end date.

In analysing what constitutes a constructive dismissal, the Fair Work Commission has found an employee's resignation following misconduct allegations amounted to termination at her employer's initiative.

An employee who complained senior managers bullied and harassed him has failed to prove his contract was breached when his employer failed to follow its grievance resolution procedure.

The Fair Work Commission has found an employer had a valid reason to sack an employee just days before he returned from medical leave, after he repeatedly refused to hand over covert workplace recordings to assist a bullying investigation.

The Federal Court has rejected an employer's claim that 14 employees weren't entitled to redundancy pay because their dismissals were due to the "ordinary and customary turnover of labour".

An employer that stood down a worker facing criminal charges, then sacked him for being absent from work for too long, has been ordered to reinstate him.

An employee warned for breaching company policy twice in one shift was not unfairly dismissed, despite being just weeks away from qualifying for long service leave, the Fair Work Commission has ruled.