Compliance & case law | Page 45 (2,488 items)

Giving an employee one day to respond to a show-cause letter after accusing him of assaulting a colleague was unreasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.

A finding that an employee "acted with a lack of urgency" to ensure he maintained legal working rights was open to the Fair Work Commission, a full bench has confirmed in rejecting his unfair dismissal appeal.

Rude and unprofessional behaviour towards customers, which persisted despite warnings and performance coaching, provided a valid reason for an employee's dismissal, the Fair Work Commission has found.

It was reasonable for an employer to refuse a flexible work request from an employee fleeing family and domestic violence, the Fair Work Commission has ruled.

An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.

"Aggressive and deprecating" comments from a supervisor couldn't be considered reasonable management actions, a commission has noted in finding an employer liable for a psychological injury.

After defending its denial of a flexible work request on reasonable business grounds, an employer must now implement the arrangements sought, because its written refusal didn't satisfy the Fair Work Act's requirements.

Notifying an employee of his impending dismissal meeting using a "banal" phrase didn't put him on notice his job was at risk, but the Fair Work Commission has ruled his redundancy was nonetheless genuine.

Encouraging an employee to take some time to "sort out" her mental health issues did not constitute a constructive dismissal, the Fair Work Commission has found.

Stress that stemmed from a toxic workplace culture and sub-optimal return-to-work management was the primary cause of an employee's death, a coronial investigation has found.