Compliance & case law | Page 24 (2,399 items)

Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.

There are two major findings with implications for most employers in the Federal Court's latest decision regarding Woolworths' and Coles' alleged underpayments, a workplace lawyer says.

The Fair Work Commission had no jurisdiction to consider whether FDV experienced while working from home meant an employee had suffered a workplace injury, it has noted in concluding her dismissal after a 15-month absence wasn't unfair.

Despite receiving HR advice about how to handle a redundancy meeting, an employer gave a long-serving manager no prior notice of its decision and no opportunity to bring a support person, among other factors found to be unreasonable.

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.