Compliance & case law | Page 41 (2,355 items)

The Fair Work Commission has rejected that a supervisor's employment ended by mutual agreement after a heated argument, accepting he was dismissed without a valid reason.

An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.

Failing to disclose use of medicinal marijuana clearly breached an employer's policy, but the employee didn't act with "malevolence", the Fair Work Commission has ruled in ordering his reinstatement.

The FWC has no jurisdiction to deal with a casual conversion dispute lodged by an employee whose role was made redundant shortly after she sought to become permanent.

An email that an employee characterised as "menacing" was in fact "reasonable and appropriate", and every matter that managers raised with him "ought to have been raised", the FWC has found in rejecting his stop-bullying application.

An employer's failure to include a critical safety rule in its 'consolidated' D&A manual has undermined its objection to reinstating a worker sacked for breaching its policy.

Employees' right to disconnect doesn't extend to Fair Work Commission proceedings, a Deputy President has stated in rejecting an employer's request for more time to prepare its defence to an unfair dismissal claim.

An employee's bullying allegations were reasonable management actions, the Fair Work Commission has accepted, but it has nonetheless urged an employer to improve its complaints handling process.

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.