Compliance & case law | Page 63 (2,529 items)

Two workers who settled unfair dismissal actions have failed to convince the Fair Work Commission their agreements didn't also prevent them from pursuing underpayment claims against their employer.

When an employer argues against reinstating a worker whose dismissal has been ruled unfair, it must go beyond setting out some grounds for lost trust and confidence and asking the Fair Work Commission to "assume" such a loss has occurred, a new decision shows.

It was "unfortunate" that the support person an employee chose for his redundancy meetings then took over some of his duties, but the Fair Work Commission has rejected that he was unfairly dismissed.

An employer dismissed a worker for unsubstantiated performance issues, without proper warning, and denied him an opportunity to respond, the Fair Work Commission has found.

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.