Compliance & case law | Page 31 (2,399 items)

"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.

Allowing a disciplinary meeting to go ahead after learning that a manager accused of misconduct hadn't slept or eaten for three days wasn't "reasonable", a tribunal has ruled.

An employee who breached an AVO by approaching his former partner at work has failed to convince the Fair Work Commission it was a "family matter" and that his dismissal was unfair.

A supervisor was unfairly sacked for bullying and timekeeping fraud, the Fair Work Commission has ruled, finding his employer denied him an opportunity to defend himself.

Allowing a supervisor to retract his resignation on the condition of returning to work as a team member amounted to a dismissal, the Fair Work Commission has ruled.

An employer has been awarded its costs of defending a meritless disability discrimination claim, after a tribunal found the employee failed to engage with any offers to resolve his complaint.

Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.

An employee's resignation, tendered after his last day of work, didn't alter the fact that he had been dismissed, the Fair Work Commission has found.

A mutually agreed termination couldn't later be characterised as a dismissal, even if the parties were in dispute about its terms, the Fair Work Commission has ruled.

The "commensurate" positions an employer offered its workers because their roles were no longer required were in fact demotions that repudiated their employment contracts, the Fair Work Commission has found.