Compliance & case law | Page 7 (2,527 items)

Actions that an employer viewed as demonstrating a "lack of care and concern" should have been characterised as performance issues rather than misconduct, according to the Fair Work Commission.

Investigating an employee for serious misconduct based on a suspicious medical certificate didn't force him to resign, the Fair Work Commission has found.

A physical altercation at a "kick on" after a Christmas party was work-related, even though the event was "not in any way organised authorised or proposed" by the employer, the Fair Work Commission has found.

Bringing a prohibited item to a workplace demonstrated an "astonishing" lack of judgement that went beyond "simply misguided", the Fair Work Commission has found, in upholding an employee's dismissal as fair.

It wasn't harsh or disproportionate to sack an employee who'd repeatedly been warned about starting work late and failing to show up for shifts, despite his claim that the final time was "a genuine mistake", the Fair Work Commission has found.

A conclusion that an employee inappropriately touched a colleague was undermined by investigation flaws and "some inconsistencies" in the evidence, a commission has ruled.

Despite an employee's previous warning and the seriousness of an incident that occurred under her watch, the Fair Work Commission has found her dismissal was unfair because her conduct wasn't negligent.

A managing director was "clearly involved" in the decision to sack an employee, with whom he was embroiled in a "bitter separation dispute", the Fair Work Commission has found in unfair dismissal proceedings.

It was fair to sack an employee for neglecting his duties, despite his concerns about not seeing the footage the employer relied on, the Fair Work Commission has found.

A senior HR leader, who claims he was victimised after raising concerns about his employer's approach to managing women, has failed to convince the Federal Court to grant interim reinstatement orders.