Compliance & case law | Page 64 (2,194 items)

An employer mischaracterised an employee's "carelessness" as serious misconduct, which further "coloured its judgement" about his lack of remorse, the Fair Work Commission has ruled in unfair dismissal proceedings.

An employer criticised for failing to undertake "even the most basic level of investigative analysis" has been ordered to reinstate an employee it sacked for misconduct.

It was "incumbent" on an employer to investigate allegations an employee had been spreading rumours at work, but its process was "most inappropriate", and caused a psychological injury, a commission has ruled.

In a decision that "highlights the perils of litigating hurt feelings", a court has found an employee wrongly interpreted "petty workplace disagreements" as race-based insults.

An employee who was not given a reasonable opportunity to defend himself against "very serious" misconduct allegations has won maximum compensation for unfair dismissal.

Two managers treated an employee in a "high handed, hostile way", manifesting in an unfair disciplinary process, the Federal Court has found in upholding her adverse action claim.

An employee must acknowledge a colleague's "distressful experience" in writing, and refrain from discussing a video of her, as part of consent orders handed down in response to a s-xual harassment application.

A commission has found an employee's attempt to "gee up" a subordinate was not trivial and couldn't go unpunished, even though he wasn't trying to be malicious or aggressive.

A failed discrimination claimant described as "Australia's unluckiest job applicant" has been ordered to pay an employer $44k in costs, after a commission found his allegations were "unreasonable and capricious".

Redeployment offers do not need to be "identical" but rather "sufficiently comparable" to a redundant role, the Fair Work Commission has ruled in reducing an employee's redundancy payout by 50%.