Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.
The AWU is calling for the corporate regulator to investigate whether Queensland Nickel breached corporations laws and whether owner Clive Palmer is acting as a "shadow director", as part of the union's push to secure members' outstanding entitlements.
A tribunal has awarded more than $13,000 in damages to a customer service officer an employer discriminated against when it failed to make reasonable adjustments and then sacked her because of her inability to return to pre-injury duties.
An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.
The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.
An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.
As Parliament prepares to rise for the year, the Turnbull Government has introduced legislation containing the provisions removed from the Fair Work Act amending legislation that came into effect last week.
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The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.
Bullying complaints by NSW public sector employees appear to be falling from an "unacceptably high" level, along with associated compensation claims, while the government is in the final stages of developing an anti-bullying "dashboard", according to a new report from the state's Public Service Commission.