The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.
The FWC has upheld the sacking of a chef despite scant evidence he made discriminatory remarks, finding his failure to follow a HR manager's instructions constituted a valid reason and WorkCover certificates from a "malleable" doctor severely compromised his credibility.
The FWC has reinstated a Gold Coast bus driver who ejected a passenger for telling her to "F-ck off Karen" after she implored him to wear his face mask properly, finding also that making a call on her smart watch did not breach the employer's mobile phone policy.
The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.
In a case that illustrates sexual harassment problems at remote mine sites, the Commission has upheld BHP Billiton's sacking of a service technician after he groped and pursued two young female cleaners, prompting one to leave the "too unsafe to return" worksite.
In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.
The FWC has taken the National Audit Office to task for revoking permission for a veteran public servant "at increased risk" from COVID-19 to work from home and then sacking her after she refused to return to Canberra while she cared for her dying uncle at their second residence.
The FWC has ordered Qantas to reinstate a trainer accused of inappropriately staring at a female employee's breasts during a "distinguishably lewd" safety demonstration, while taking aim at a "ludicrous" video it used to demonstrate s-xual harassment.
A FWC member has applied the "well known 'duck principle'" in holding that a tyre recycling company suspected of phoenixing unfairly sacked a worker who complained about unpaid superannuation, before threatening to kill a director.
