Compliance & case law | Page 35 (2,192 items)

An employer has failed to temporarily block the reinstatement of a sacked employee who it believed posed a "serious" health and safety risk to its workplace.

A manager's dismissal for poor performance was "unnecessarily abrupt", the Fair Work Commission has found, particularly as he was led to believe he was "on track" to meet his PIP objectives.

An employee wasn't forced to resign by alleged discrimination, but rather she quit voluntarily because she felt "very aggrieved that she had not been promoted", the Fair Work Commission has ruled.

A senior employee should have known that his occasional rudeness might impact a colleague, but his behaviour didn't rise to the level of bullying, a court has ruled in awarding him $368k for wrongful dismissal.

Unions have already lodged a significant number of 'same job, same pay' applications, while employers remain in the dark as to how some of the scheme's "difficult issues" will play out, a lawyer says.

Failing to consult an absent employee about a change to her start times was a sign of "management incompetence", and not an intention to end her employment, the Fair Work Commission has ruled.

An employer that sacked a senior executive for muttering "offensive" words during an out-of-hours incident has been ordered to pay him $1.5 million in damages and compensation.

An HR business partner, who was chosen for redundancy because she was "a little bit emotional when dealing with conflict" and not confident in her English-speaking skills, has lost her unfair dismissal claim.

A Fair Work Commissioner's tolerance for a sacked employee "evaporated" when she failed to meet relevant case deadlines, and he said her lack of attention to detail supported her employer's many dismissal reasons.

The Fair Work Commission has upheld the principle of "management prerogative" in finding that it was reasonable for an employer to reject an internal applicant for a role.