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Reinstatement problematic after calling HR partner "despicable": FWC

A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".

Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Adverse action claim targets Qantas bonus scheme

The ACTU, acting on behalf of seven aviation unions, will today file an adverse action case against Qantas for making the payment of a cash bonus of up to $2,000 contingent on securing new post-wage-freeze enterprise agreements. 

Make disciplinary process more consistent, FWC urges

In ordering the reinstatement of an "impatient" veteran crane operator sacked after his third safety breach in a year, an FWC member has examined BlueScope Steel's "proactive attitude" to discipline and recommended it negotiate a better process.

Dismissal rebounds on employer

Sacking a speeding truck driver who hit a kangaroo on a country road was disproportionate to his conduct, the FWC has held, finding he was denied a chance to explain or challenge GPS data.


Bench upholds factory hand's refusal to give finger

An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.

High Court rebuffs "two longs" case; & more

High Court rebuffs "two longs" special leave bid; Relativity "decompression" proposal needs to go back to drawing board, say retailers; and Women's pay outpacing men's in recent wage slowdown, says report.

Worker completely violated employer's trust: FWC

The FWC has upheld the sacking of a Telstra business centre's IT technician accused of supplying drugs, accessing p-rnography, sending the director's confidential documents outside the company and remotely locking the entire workplace out of the network during an investigation into his conduct.

Tribunal backs sacking after male-on-male harassment

The FWC has upheld the dismissal of a 63-year-old male employee who sent text messages calling a 37-year-old male colleague his "bitch" and "toy boy" and threatened to "molest" him and squeeze his testicles until it made him cry.