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400 articles are classified in All Articles > Workplace policy > Case law


Following orders no excuse for HR managers who took adverse action

The Federal Circuit Court has fined construction company Baulderstone $25,000 for taking adverse action against a worker who resigned his CFMEU membership, along with $7000 in penalties for two HR managers who were carrying out orders and failed to "exercise their choice" to refuse to comply.


DP World wins bid to keep bullying investigation confidential

A stevedoring giant that guaranteed confidentiality to employees participating in a workplace conduct investigation has won an FWC order restricting publication of their names and complaint details, as it continues to defend a groundbreaking bullying case.

Unfair dismissal round-up: Employer denied lawyer; and more

Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.

Westpac manager's conduct undermined trust/confidence: FWC

The FWC has upheld Westpac's summary dismissal of a bank manager who breached six of the seven principles in the bank's code of conduct when he failed to disclose an affair with a subordinate and breached a restraining order she took out.

LinkedOff: OHS manager sacked over abusive emails

The Fair Work Commission has refused to reverse the dismissal of an OHS manager who used his employment-related LinkedIn account to send abusive personal emails, directed "expletive rich" language at his manager and declined to participate in a performance plan.

Bench spikes challenge from sacked Qantas pilot

A FWC full bench has rejected a sacked Qantas pilot's argument that spiking of his drink meant he couldn't be held responsible for s-xually assaulting a female flight crew member during a stopover in Chile.


Tribunal praises mining giant's HR management practices

The Fair Work Commission has commended BHP Coal's approach to disciplining a tanker driver whose unintentional overwatering of a road at its Peak Downs Mine caused a rollover that wrote off a $1.2m truck and injured a colleague.