Compliance & case law | Page 98 (2,318 items)

"Clear shortfalls" in an employer's available staffing levels, which were "well in excess of typical absences", provided a reasonable business ground to refuse an employee's flexible work request, the Fair Work Commission has ruled.

An employee didn't "engage in a frolic of her own" when she and two colleagues got into a spa bath while "significantly" intoxicated at a work Christmas party, a tribunal has ruled in awarding her compensation for an injury.

Criticisms about a director on her employer's Facebook page had no "rational connection" to work and in any case didn't amount to bullying, the Fair Work Commission has ruled.

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.