Compliance & case law | Page 42 (2,399 items)

An employee who "relentlessly pursued" a subordinate despite her repeated rejections has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour amounted to serious misconduct.

An employee sacked for making a highly offensive comment about a coworker has lost her unfair dismissal claim, despite arguing she was "simply discussing work colleagues in the company of friends".

Rejecting an employee's flexible work request based on a perception that he would be distracted by his child and not responsive enough to customers was not reasonable, the Fair Work Commission has ruled.

An employee who was involved in multiple incidents, included two vehicle crashes and a D&A policy breach, was fairly dismissed despite his employer's lack of adherence to its own policy, the Fair Work Commission has ruled.

Employers' duty to consult about major workplace change should only be triggered after a "definite decision" has been made, the Fair Work Commission has determined for the purpose of drafting model EA terms. However, it flagged that the topic will receive further consideration later this year.

Despite defending an unfair dismissal claim from a worker it had "every right" to sack, an employer has failed to win an order for all of its legal costs.

The new 'unfair contracts' jurisdiction cannot deal with disputes about the conduct of parties to a contract, the Fair Work Commission has clarified in dismissing a home-care contractor's claim.

An employer constructively dismissed an employee after its HR manager failed to investigate her bullying complaints and instead accused her of misconduct, the Fair Work Commission has found.

It was unfair to say an employee "should have known" that his performance was unsatisfactory, when the employer gave him no warnings and failed to follow its own policy before summarily dismissing him, according to the Fair Work Commission.

After complaining about dangerous workplace behaviour, an employee resigned in the heat of the moment, according to the Fair Work Commission, and his employer should have waited to confirm his intentions rather than accept it.