A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
The FWC has offered a worker a week to consider his possible reinstatement, finding that his employer unfairly dismissed him for a low-speed wheelie-bin collision.
A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.
A major employer's disciplinary process leading to a worker's dismissal featured "significant deficiencies" despite the oversight of an IR specialist, the FWC has found.
The FWC has upheld the sacking of a Coca Cola regional technician who deliberately set the cruise control on his work van above the speed limit and repeatedly overshot it by up to 18km, rejecting claims about the alleged inaccuracy of the employer's monitoring technology.
The FWC has upheld an employer's decision to sack an electrician for s-xually harassing behaviour that included asking a new supervisor on first meeting him whether he "liked to f-ck".
In a decision highlighting the importance of clear policies and adequate investigations, the FWC has ordered Rentokil to reinstate three sales workers summarily sacked for sharing their commissions after finding it a longstanding practice.
The FWC has upheld a major insurance provider's sacking of a work-from-home employee whose keystrokes data revealed inactivity 90% of the time, finding her circumstances "all the more regrettable" given her previous long history of satisfactory service.