Compliance & case law | Page 49 (2,355 items)

Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.

A general protections application lodged on the basis of a "future" right to claim unfair dismissal is an important one to watch, a workplace lawyer says.

Rushing a sexual harassment investigation to meet a business deadline denied an employee procedural fairness, a Fair Work Commissioner has found, while accepting that his behaviour was "totally unacceptable" and the end result would have been the same.

"For the sanity of all involved" it would be wise for an employer to continue its efforts to keep two workers separate, the Fair Work Commission has said, while declining to make stop-bullying orders.

It was fair to dismiss a worker who remained certified unfit for work after a 22-month absence and seemed unwilling to assist his own recovery, the Fair Work Commission has ruled.

The Fair Work Commission has ruled in favour of employers, in two disputes over whether casual workers were 'dismissed' when their engagements ended.

When a CEO asked an employee if she had another job to go to and then gave her an "opportunity to resign" before a negative performance review, she had no option but to quit, the Fair Work Commission found.

An "incredibly patient" employer's dismissal of an absent worker has been upheld as fair, after she repeatedly failed to attend independent medical examinations despite receiving disciplinary warnings.

Dismissing an employee for being unable to perform the inherent requirements of her role wasn't harsh, a tribunal has found, even though she was certified as "medically capable of attending work reliably".

A probationary employee who said he was going to be "the next Erin Brockovich" has failed to prove he was sacked for raising health and safety concerns, in the first such claim of its type.