Compliance & case law | Page 86 (2,195 items)

A job applicant was not discriminated against when he unsuccessfully applied for a role, a tribunal has found, but he did suffer gender-based discrimination during the subsequent grievance process.

A manager "reconstructed" evidence to support his reasons for excluding a worker from a site, the Federal Court has ruled in adverse action proceedings.

An employer acted with "undignified haste" when making a manager redundant, with no attempt to offer him one of three available redeployment options, the Fair Work Commission has found.

An employer has been fined after underpaying eight employees by $470k over 12 months, in breach of enforceable undertakings it had made only a year earlier.

An employer has defended dismissing a manager for encouraging a "culture of drinking and fighting", despite the Fair Work Commission finding its investigation was "flawed".

A worker can pursue her claim that she was unfairly sacked for receiving a COVID-19 vaccination, after the Fair Work Commission found she was an employee, not an independent contractor.

Racist, s-xist and profane language contributed to a "toxic and confrontational" workplace, and was the main cause of an employee's psychological injury, a commission has ruled.

A long-serving employee who was wrongly certified fit for safety critical duties because of his dishonesty during a medical assessment has lost his unfair dismissal claim.

An employee made it "impossible" for an employer to make her performance management process collaborative and supportive, a commission has found in rejecting her unfair dismissal claim.

The Federal Circuit Court has found an employer made a "forensic choice" not to provide direct evidence of a decision-maker's reasons for rejecting a job applicant, and in doing so undermined its ability to defend a general protections application.