The FWC has reinstated a Queensland rail worker sacked for breaching the organisation's zero alcohol policy when he blew 0.025 in a random workplace alcohol breath test, finding the dismissal harsh because of his unblemished 39-year tenure, his age and limited education.
The FWC has declared after eight unfair dismissal applications and 24 matters in total over two years that it will no longer entertain a persistent worker's quest for satisfaction through the tribunal.
A big employer's failure to give union representatives a "heads up" that it would impose a vaccination mandate did not necessarily render its subsequent dismissal of 25 workers unfair, the FWC has found.
The FWC has compensated a worker sacked for making "racist" comments, finding her employer's handling of her dismissal "appalling" and that it had been "very unfair to label her a racist person".
The FWC has reinstated a mineworker sacked by a Yancoal subsidiary for aggressive and threatening behaviour in which he threatened to cut a co-worker's throat, finding the dismissal harsh because of his unblemished 12-year tenure, his remorse and his PTSD.
BHP Minerals has failed to establish that almost $20,000 in education assistance it paid to a mining engineer pushed him above the high income threshold for unfair dismissal protection, after it chose not to exercise its right to recoup the payments.
The FWC will permit a security company to use telephone recordings of worker's allegedly "extremely offensive" conversations with colleagues in defending his unfair dismissal claim, finding it in line with telecommunications interception laws and surveillance clauses in his contract.
The FWC has found that a Boeing subsidiary unfairly dismissed an unvaccinated worker because it should first have completed its consideration of whether it could redeploy him.
The FWC has refused to extend time for a worker sacked after he took unapproved leave to visit a sick relative overseas and filed his unfair dismissal application 15 days late.
The FWC has found that the Victorian lawyers for an ACT worker who lived in NSW made her unfair dismissal in time, after they delayed her application by three days because of public holidays and a weekend.
