Case Law - Employment Law Handbook (Page 12)

Case Law

An employee's mental illness will not make a dismissal unfair

Employee records exemption to privacy laws won't apply when disclosure is not related to the employment relationship

Social media policy breaches can provide a valid reason for dismissal

Fair Work Commission denies an employee's attempts to subvert performance management

Employer did offer employees suitable alternative employment, FWC decides

Workers threatened with dismissal after raising health and safety concerns

Dismissal based on the manifestation of a disability results in successful general protections claim

Flawed investigation results in unfair dismissal

Failure to comply with a compliance notice results in personal liability

Pelican feeder reinstated despite swearing in the workplace

When are directions unlawful and unreasonable?

Vexatious claims without reasonable prospects of success can result in cost orders

A cautious approach should be taken when negotiating exits

Intoxicated employee's dismissal justified despite long period of prior good service

High-paid employee wins right to pursue unfair dismissal claim