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FWC "unlikes" dismissal of teacher over Facebook posts

The FWC has refused to reinstate a dismissed teacher, because her school lost trust and confidence in her after she posted disparaging comments on Facebook about an unresolved industrial dispute.

Age not the issue in YMCA refusal to appoint worker: Tribunal

A tribunal has backed a decision by YMCA NSW to not appoint a man in his fifties as a senior pool lifeguard after he referred, during his interview, to physically touching and wrestling troubled young men he was counselling.

Bench upholds sacking for racist comments

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.

Employers not expected to take neutral approach: Bench

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.

FWC upholds ATO's sacking of manager who failed to lodge tax returns

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.

Mentally-ill employee unfairly dismissed: FWC

An employee who threatened to "go postal" in the workplace was unfairly dismissed, because he was mentally unwell, the Fair Work Commission has ruled.

Bullying down in NSW public sector: Report

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.

Butt out, smoking ban is reasonable, says FWC

A ban on smoking in the workplace has survived a union challenge after the Fair Work Commission found the policy reasonable because the employer had taken steps to consult with employees and offered support to help them quit.


Unfair dismissal round-up: Compensation for worker sacked for remark made in jest; & more

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.