Compliance & case law | Page 81 (2,318 items)

A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".

A manager who was accused of domestic violence towards a work colleague has failed to prove his "very ugly" out-of-hours texts to her didn't warrant his dismissal, despite the Fair Work Commission finding his employer's process was "defective".

An employer has been ordered to resume an employee's workers' compensation payments, after a commission found that requiring her to return to work with a bully colleague aggravated her psychological injury.

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.