Compliance & case law | Page 47 (2,399 items)

In hindsight an employer was imprudent not to compromise further to settle an employee's unfair dismissal claim, but its rejection of her final offer wasn't so unreasonable as to warrant a costs order, the Fair Work Commission has ruled.

Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.

An employee's over-dramatisation of a childcare need as a "family emergency" indicated he had a very limited coping mechanism, the Fair Work Commission has observed in declining to make stop-bullying orders.

Suggesting that an employee take some time off work, or at least stay away from the office after a "fiery" interaction, didn't leave him with no option but to resign, the Fair Work Commission has found.

An employee's view that her employment record should get a "clean slate" as part of an unfair dismissal settlement was not enough to prompt the Fair Work Commission to interfere with the agreement.

An employee who was absent for two-thirds of a year was not entitled to "unfettered" access to unpaid leave, the Fair Work Commission has ruled.

A manager who unsuccessfully claimed his employer had repudiated his employment contract has failed to convince a full bench of the Fair Work Commission that granting him leave to appeal is in the public interest.

An overworked HR leader has won her unfair dismissal claim, with the Fair Work Commission finding summary dismissal was a disproportionate response to her allegedly unreasonable workplace behaviour.

An employer had "every right" to sack a worker who refused to update her training, but it chose not to do so, the Fair Work Commission has found in rejecting her unfair dismissal claim.

When an employer failed to communicate its retirement policy to an employee until after it found his replacement, in effect it unfairly dismissed him, according to the Fair Work Commission.