A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.
In a decision noting that workers cannot hold employers to promises in a "changing world" in which they must move with the times, the FWC has held that a call centre had a valid reason to sack a contact officer who refused to learn new skills, but a "ruthless" process made it unfair.
The FWC has upheld the dismissal of an Energy Australia employee who told one colleague she could not get pregnant due to her sexuality and suggested to another that he was related to Deepak Chopra because of his Indian descent.
A senior FWC member has declined to recuse himself from a case involving Qantas, rejecting suggestions that he could be compromised by his enjoyment of the many perks that come with access to the airline's invitation-only Chairman's Lounge.
The FWC has upheld the sacking of a BHP Coal mineworker who punched a supervisor in the face and asked a colleague if she had "fake t-ts" at a company Christmas party, but has reinstated another employee dismissed for serious misconduct at the same event.
The FWC has found Westpac subsidiary BT unfairly dismissed a business development manager by giving him "no effective or real option but to resign" when it failed to deal with his excessive working hours or investigate his complaints against a former mentee.
In a decision that potentially moves the dial on how much the 21-day deadline for unfair dismissal claims can be stretched, the FWC has in discerning no practical consequences granted an extension to a worker who lodged their form 29 minutes after midnight on a Friday.