Compliance & case law | Page 68 (2,318 items)

Five employees have failed to prove that their manager bullied them, with the Fair Work Commission commenting it is "appropriate to make allowances for some degree of exasperation or tension" in workplace interactions.

A company could potentially have avoided litigation if it had responded to a warning that its new employee was breaching his confidentiality and non-compete obligations to his former employer, a court has found.

An employer has defended an HR officer's allegations that its "toxic culture" and investigation failures amounted to a constructive dismissal, with a commission rejecting her claim for reinstatement.

A worker has unsuccessfully argued that she didn't "agree" to a new casual employment contract when she ticked a box saying she acknowledged its terms.

An employer did everything it could to find alternative suitable roles for an injured employee, the Fair Work Commission has found, ruling his dismissal was fair despite a procedural flaw.

Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.

An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.

A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.

Watch this HR Daily Premium webcast to hear lessons from the past year's unfair dismissal claims, and what to expect in 2024.

A worker has lost her stop-bullying claim after making "unpalatable" accusations that she was targeted due to her Chinese heritage, with the Fair Work Commission finding no evidence of repeated unreasonable behaviour towards her.