Compliance & case law | Page 44 (2,399 items)

A dispute over whether a worker was an employee or a contractor illustrates how some of the recent Fair Work Act amendments can be particularly complex to apply in practice, a lawyer says.

It was fair to dismiss a manager who made disrespectful comments to and about her colleagues, using terms that included "bitch", "lazy" and "pit bull", the Fair Work Commission has found.

Errors made by a professional were not reasonable conduct, but fell short of "data manipulation" and didn't warrant summary dismissal, according to the Fair Work Commission.

An employer has to pay $90k in damages, and it has six months to produce a policy on expressing milk at work, after a tribunal found it discriminated against a breastfeeding mother.

Reorganising a workplace so an employee could safely perform duties would have represented a "transformation of his substantive position", rather than a reasonable adjustment, the Fair Work Commission has found.

It was wrong of an employee not to correct her employer's false assumption about her qualifications, the Fair Work Commission has found in upholding her dismissal.

An employee's bid to reopen his unfair dismissal case, so he could publicly raise "scandalous" allegations against his former employer, has been rejected by the Fair Work Commission.

An attempt to block access to mental health records in a dispute about an employee's physical condition has failed, with a Tribunal refusing to "divorce" the two issues.

It was unfair to summarily dismiss an employee who had a "genuine misunderstanding" of what his employer required, regardless of his serious misconduct, according to the Fair Work Commission.

When informing a director she was being investigated for breaching a code of conduct, an employer failed to take into account her experience of family and domestic violence, and its approach caused her to suffer a psychological injury, a tribunal has ruled.