Compliance & case law | Page 33 (2,355 items)

Suspending an employee without pay after he was charged with sexual assault wasn't fair and reasonable, a commission has ruled.

Simply "responding positively" to an approach from a former client doesn't amount to solicitation, a court has highlighted, in refusing to restrain an employee accused of breaching his employment contract.

An employee who believed she worked "efficiently and competently" has lost her adverse action claim, with the Federal Circuit Court finding she was lawfully sacked for her ongoing defiance of authority.

Maintaining a beard was not "merely a matter of personal preference", according to a Roman Catholic employee, who claimed his employer discriminated against him when it denied him a personal protective equipment exemption.

It was reasonable to conclude an employee had lied about being sick, based on social media photos that showed him enjoying a weekend away with friends, the Fair Work Commission has ruled.

Despite an agreement not to pay out a worker's entitlements between the end of one contract and the start of another, his continuous service was "broken" during this four-day period, the Fair Work Commission has found.

In the absence of "specific and cogent evidence" to supports its serious misconduct allegations, an employer couldn't prove it had a valid reason to sack an employee, the Fair Work Commission has found.

The Fair Work Commission can't resolve disputes about the termination of existing flexible working arrangements, under provisions regarding employees' right to make requests, it has confirmed in a new ruling.

Assuming an injured employee was "fully aware" her employment was at risk resulted in a procedurally unfair dismissal process, the Fair Work Commission has ruled.

If an employer had implemented the recommendations from its bullying investigation, it could have prevented further workplace issues between two employees, the Fair Work Commission has ruled.