Compliance & case law | Page 37 (2,192 items)

The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.

An employer has defended dismissing an employee whose performance figures were improving, with the Fair Work Commission finding the quality of his work was his downfall.

A Fair Work Commission full bench has overturned a finding that an "exemplary" employee's 12-month first and final warning for a serious safety incident was an appropriate disciplinary outcome.

When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".

A "very generalised HR person" had no basis to weigh in on whether an employee's psychological injury risks were foreseeable, a court has ruled in throwing out his "expert" report.

Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.

An employer's misguided approach to addressing an "emotional" supervisor's performance issues could have caused even someone of "normal fortitude" to suffer a psychiatric injury, a court has ruled in ordering it to pay $300k in damages.

A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.

An employee who admitted to "a habit of speaking at length" has failed to prove he was put on a PIP due to his race, rather than his difficulties with communication and collaboration.

It was "excessive" and unfair to take six months to investigate workplace misbehaviour allegations, a commission has found in upholding an employee's psychological injury claim.