Browsing: Compliance & case law | Page 3 (1729 items)

The integrity of an employer's misconduct investigation has been criticised, with the Fair Work Commission finding it substantiated allegations against an employee before he had a proper opportunity to respond.

Asking an employee to attend a disciplinary meeting and provide a medical certificate for his unauthorised absence wasn't "coercion", the Fair Work Commission has found in unfair dismissal proceedings.

A candidate's job offer was never finalised because the prospective employer had a "profoundly negative reaction" to one of his referees, not because he had made an unfair dismissal claim several years earlier, a commission has ruled.

A worker could have followed formal grievance processes rather than leaving her job, the Fair Work Commission has ruled in rejecting her constructive dismissal claim.

An employer has been slammed for its unreasonable, aggressive and "potentially unlawful" conduct towards a manager who had resigned, with the Fair Work Commission finding it sacked her when it "waived" her notice period.

Employers' obligations to ensure psychosocial safety at work can present a "significant challenge", the Fair Work Commission has observed in finding a stressed and frustrated employee was unfairly dismissed for misconduct.

An employee seeking to move her Saturday volunteering work to weekdays has been cleared to proceed with a dispute over the refusal of her flexible work request.

An employee who possessed "a fervent sense of justification" for harassing a manager and denigrating her employer on social media has lost her bid for reinstatement.

It wasn't reasonable to transfer an employee accused of s-xual harassment and ban him from speaking to female staff alone, a commission has found in a psychological injury appeal.

A worker's belief that managers and HR officers had bullied him was "largely based on speculation and suspicion", not evidence, although some of their actions were "not ideal", the Fair Work Commission has found.