Compliance & case law | Page 57 (2,317 items)

An employee's struggles performing "less demanding" modified duties meant an employer had no confidence she'd be able to return to her pre-injury role, the Fair Work Commission has ruled, finding she was fairly sacked.

An employee wasn't "backed into a corner" when an employer responded to his workplace complaints with underperformance allegations, the Fair Work Commission has ruled in a constructive dismissal dispute.

An employee who tried to defend an "offensive" social media post as "intellectual freedom" has failed to prove he exercised his right in accordance with the "highest ethical, professional and legal standards".

Asking an employee who was absent on stress leave when he intended to return to work was a "suitable" enquiry and didn't force him to resign, the Fair Work Commission has found.

A worker's employment didn't significantly contribute to his mental stress, a tribunal has ruled, finding his "personality dysfunction" would have caused psychological symptoms regardless of his workplace.

Criticising managers in work group chats created a "divisive atmosphere", the Fair Work Commission has found in rejecting a supervisor's unfair dismissal claim.

An employee who called his colleague a "fat exploiter of foreigners" was fairly dismissed despite a "clearly deficient" termination process, the Fair Work Commission has ruled.

An employee who "sought not to prolong the unpalatable dance of termination" and sent a frustrated text to her employer has been cleared to pursue her general protections claim.

Raising performance issues with an employee on her first day back from an extended period of mental health leave caused her psychological injury, a commission has found.

The lawyer at the centre of a record-breaking underpayment class action says employees' "cries for change" had fallen on deaf ears, and urges other employers to "get ahead of any errors" now.