Compliance & case law | Page 35 (2,355 items)

Banning non-compete clauses is a "sensible" move for some workers, however employers should be concerned if the changes go further than has currently been flagged, a lawyer says.

Sacking an employee for failing to disclose a "very serious injury" did not cause his "downhill spiral" into dr-g use, a tribunal has ruled in a workers' compensation dispute.

In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.

Inconsistencies between an employee's requested flexible work arrangement and an enterprise agreement didn't constitute a "reasonable business ground" that justified the employer's refusal, the Fair Work Commission has ruled.

When an employee's "defensive" actions during a workplace investigation prompted a client to request her removal from its site, her employer had no choice but to dismiss her, the Fair Work Commission has found.

A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.

Dismissing an employee for misconduct wasn't a "retaliatory response" to his workplace complaints, the Fair Work Commission has ruled.

An employee who claimed she was referred to her as "that fat one" and likened to a "donut" has failed to prove she was discriminated against on the basis of her pregnancy.

A formal policy wasn't required for an employee to know that punctuality was important, but sacking him for being late to work "occasionally" was harsh, the Fair Work Commission has found.

The seriousness with which regulators are taking psychosocial hazards means employers should expect any bullying complaint to be investigated, regardless of whether an injury has been sustained, a safety expert says.