Case Law - Employment Law Handbook (Page 13)

Case Law

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

Finding of discrimination based on criminal record

Disagreements between employees do not always amount to bullying

The FWC requires consistent disciplinary treatment of employees

Deed of release doesn't prevent employer from recovering stolen monies

Stop-bullying order required to alleviate real risk of ongoing bullying

Employer found responsible for employee's fraud

Employer hit with damages for defaming employee

Individual flexibility agreement survives despite defects

FWC says no to West Gate Tunnel greenfields agreements

Fair Work Commission rules employee banter constituted bullying and harassment