Compliance & case law | Page 46 (2,355 items)

A specialist IT worker who signed an independent contractor agreement has failed to convince the Fair Work Commission the arrangement was a "sham".

Regulated labour hire arrangement orders take effect from today, and the Fair Work Commission has now issued guidelines. But requests for more detail on how to calculate affected workers' new rates remain unaddressed.

Despite accusing his employer of unlawful conduct and abusive management practices, an employee had options other than quitting his role, according to the Fair Work Commission.

Simply "going through the motions" after making a dismissal decision doesn't provide procedural fairness, the Fair Work Commission has reminded an employer, finding it unfairly sacked a manager who abused and intimidated others.

It wasn't unfair or harsh to dismiss an underperforming HR administrator who had received numerous warnings and offers of support, the Fair Work Commission has ruled.

An employee who breached the confidentiality of his own show-cause process while he was "overcome with emotion" has lost his appeal against proposed disciplinary action.

An employee who argued he was trying to keep customers "happy" when he caused $150k damage to his employer's property has failed to convince the Fair Work Commission he was unfairly dismissed.

The one-week gap between a senior manager's resignation and starting her new job has undermined her claims that she was either dismissed during her notice period, or forced to quit due to poorly handled bullying complaints.

An employer had a valid reason to sack an employee who "blatantly defied" a lawful direction, however summarily dismissing him was harsh, the Fair Work Commission has found.

A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.