Facebook posts that "even [critics of] 'wokeness'" would find confronting did not provide a valid reason for a police custody officer's sacking, the FWC has found.
In a rare instance of the "power imbalance" between employer and employee being reversed, the FWC has found that a worker hired to help a migrant family earn a business visa by running a regional bakery unilaterally reduced his hours without cutting his pay.
The FWC has found that although a worker's accidental removal of tools from a mine site provided a valid reason, his sacking was unfair because his labour hire employer failed to investigate the incident and didn't give him proper notice, or the opportunity to respond.
A trainee disability therapist sacked for failing to complete the necessary accreditation has won compensation after the FWC found his employer gave him insufficient time to correct the situation following his "confrontational" response to being stood-down.
The FWC has upheld the sacking of a worker for telling a colleague during an argument that "I'll f-ck you in the a-se", finding that the choice of words went "far beyond" simply swearing in the workplace and constituted s-xual harassment.
The FWC has compensated an employee sacked for threatening a co-worker, finding that his employer failed to act on his prior complaints about the colleague "wanting to fight me in [the] yard".
In a close analysis of what constitutes regular and systematic employment, a senior FWC member has held that a casual trolley collector met the minimum service period to allow him to pursue Bunnings for unfair dismissal, despite "unpredictable" shifts and a contract expressly stating he should not expect ongoing work or guaranteed hours.
In a case expanding the circumstances under which the FWC will not publish a finding, the tribunal has rejected union arguments that it should release its decision so as to potentially "clear the name" of a former BHP worker who committed suicide after hearings into his unfair dismissal claim were completed.
An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.
A criminal lawyer with an "ostrich-like" attitude has failed to convince a judge to reconsider a default judgment ordering him to pay two former employees penalties, costs, long service leave and super totalling more than $70,000.
