Browsing: Compliance & case law (1728 items)

An employer was entitled to dismiss a worker for her "belligerent and disrespectful behaviour", but it denied her procedural fairness when one person acted as "judge, jury and executioner" during the disciplinary process, the Fair Work Commission has ruled.

A worker has failed to block a performance improvement plan designed to address her "pattern of disregard" for supervisors, with a commission finding the action "fair and reasonable".

A candidate who willingly gives information about themselves when applying for a job can still have "really fertile grounds for complaints, and for legal response" if they become disaffected down the track, a workplace compliance expert warns.

The friction caused by differing management styles and incompatible personalities in the workplace doesn't constitute bullying, the Fair Work Commission has ruled in stop-bullying proceedings.

An employee who refused to attend an independent medical examination has lost her appeal against the direction, after a commission rejected that her employer was trying to block her return to work.

An employer has failed to overturn a decision that found it took a "blanket approach" to considering a manager's request to work entirely from home, with a court concluding it had breached its own flexible work policy.

An employer has failed to defend dismissing an employee for improperly claiming an allowance, after the Fair Work Commission found managers condoned practices that were inconsistent with its "unclear" policies.

An HR leader has been commended for her approach to disciplining a senior employee accused of inappropriate workplace behaviour, with a commission finding she "painstakingly" outlined the reasons for her decision.

An employer has failed to prove an executive followed through with her threats to resign, with the Fair Work Commission finding no reasonable person would have understood her words to mean she was leaving her job.

Depending on an employee's role and contacts, a LinkedIn post about starting a new role can constitute a breach of their post-employment obligations, a workplace lawyer says.