Compliance & case law | Page 77 (2,275 items)

The Fair Work Commission has accepted a female employee was paid less than her male colleagues performing the same work, in its first ruling involving an application for equal pay under the FW Act.

It was "extremely unfair" for an employer to rely on historical – and resolved – performance issues when dismissing an employee, the Fair Work Commission has ruled in awarding him maximum compensation.

The Fair Work Commission has expressed "genuine concern" that an employee would continue to be bullied if it didn't make interim orders halting a disciplinary process.

An employee who was repeatedly underpaid – or not paid at all – had no option but to resign, the Fair Work Commission has ruled.

The Fair Work Commission has chastised a long-serving employee for creating a "false and misleading story" to explain his workplace actions, finding his dismissal for serious misconduct was "wholly justified".

An employee "blatantly" lied to his employer when he said he wasn't recording their meetings, the Fair Work Commission has found, ruling this post-dismissal discovery foiled his case.

A manager's "performance discussion" with an employee was actually an "unsatisfactory exchange of views conducted in a cursory and excited manner", the Fair Work Commission has found in unfair dismissal proceedings.

An employee has failed to prove on appeal that his employer was vicariously liable for his co-worker's "extreme and unnecessary" behaviour towards him, which caused him to suffer post-traumatic stress disorder.

The Fair Work Commission has found a worker did not agree to end her employment and therefore was entitled to make a general protections claim, ruling her employer had grown intolerant of her "lack of obeisance" and sacked her.

An employee has failed to prove on appeal that "severe mental symptoms" and ADHD made everyday life a "struggle", and that these were exceptional circumstances warranting a time extension to claim unfair dismissal.