Compliance & case law | Page 38 (2,317 items)

A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.

Dismissing an employee for her "deliberate defiance" of an acknowledged direction was unreasonable, the Fair Work Commission has ruled, because she wasn't specifically warned her job was at risk if the behaviour continued.

An employer was entitled to summarily dismiss a worker for "blatantly disregarding" its mobile phone ban, the Fair Work Commission has found.

An employee with a criminal record has been awarded $265k in compensation for discrimination, after an HR leader "leapt into punitive action" without seeking any background information.

In rejecting an employee's appeal over his failed unfair dismissal claim, the Fair Work Commission has reinforced that it does not have to make general enquiries into workplace conduct or culture to conduct a fair hearing.

A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.

In finding today that the risk of an employee's psychiatric injury was a "serious possibility" after his botched dismissal process, the High Court has nonetheless determined not to rule on whether employers' duty of care extends to disciplinary and termination events.

An employee jumped the gun when he resigned before the conclusion of redeployment discussions, and his employer did not repudiate his contract, the Fair Work Commission has found.

In hindsight an employer was imprudent not to compromise further to settle an employee's unfair dismissal claim, but its rejection of her final offer wasn't so unreasonable as to warrant a costs order, the Fair Work Commission has ruled.

Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.