Compliance & case law | Page 96 (2,402 items)

An HR director's decision to sack an employee, who had taken more than 2.5 years' leave in a six-year period, was likely a breach of anti-discrimination laws, a tribunal has ruled.

An employer's response to workplace bullying "fell well short of adequate", but it gave an employee several reasonable alternatives to resignation, the Fair Work Commission has found.

An employer has failed to prove it made two roles redundant because it held a "genuine belief" that COVID was negatively impacting its business, with a court finding the timing of its decision was "inexplicable".

An employer's enquiry into a worker's serious privacy breach caused her psychological injury, but it was a "necessary first step" in a reasonable disciplinary process, a commission has ruled.

An organisation-wide performance assessment was a "stressful exercise" for participating employees, but it was nonetheless "necessary", and reasonable, a tribunal has found in rejecting a psychological injury claim.

An employer has failed to defend sacking a worker who made "s-xist, misogynist and racist" posts in a private Facebook group, after the Fair Work Commission found it treated him "substantially differently" to a colleague.

An employee who created a private Facebook group where colleagues would "take the p-ss" out of each other and share inappropriate content has failed to prove his dismissal for posting p-rnographic videos was unfair.

A senior employee, who said he struggled to recognise the line between friendships and intimate relationships because he was autistic, has failed to prove he was unfairly sacked for s-xual harassment.

The Federal Circuit Court has criticised an HR manager's decision to sack an employee rather than deal with the "dilemma" of her bullying allegations, and fined him $7.6k.

An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.