Compliance & case law | Page 77 (2,195 items)

Employers that erase employees' devices following terminations could be robbing themselves of valuable evidence in the event of an unfair dismissal claim, a lawyer says.

An employee who had asked to reduce her hours while she attempted to manage some personal issues was not dismissed when she was subsequently left off the employer's roster, the Fair Work Commission has found.

An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.

Employers are now playing an increasingly active role in bargaining, with lawyers suggesting many are "getting ahead" of the multi-employer arrangements starting in June.

An employer has defended rejecting an employee's request to work from home one day a week, arguing it was "not sustainable" for colleagues to take on his duties when he wasn't there.

An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.

It was "highly inappropriate" for an employee to secretly record a meeting about remarks he had made threatening his employer's reputation, the Fair Work Commission has found.

An employee has failed to prove a colleague concocted a "malicious lie" about a single workplace incident so she could have his job, with the Fair Work Commission finding his serious misconduct dismissal was fair.

Assessing the potential risks that whistleblowers face in their organisation requires HR leaders to take a "really broad" view, a workplace lawyer stresses.

Two workers found by the High Court to be independent contractors have failed to prove they should nonetheless be classified as "employees" for superannuation purposes.