The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.
A Federal Court judge has today reserved on an application to restrain the UWU from dismissing two organisers who claim it subjected them to adverse action for backing a majority support petition as part of a campaign for a new in-house enterprise agreement, but the union claims their case is "untenable" and should be thrown out.
A teacher who smoked and lifted a cask of wine above his head to drink from its tap during a video meeting to discuss online learning during a COVID-19 lockdown has failed to overturn a decision to dock his pay for a year.
Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.
The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.
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.
The Federal Court has found that an aged care home favoured its Filipino workers over a Chinese nurse, and took adverse action against her when it summarily dismissing her because she made complaints about other employees.
