A four-member FWC full bench has overturned the reinstatement of a long-serving train driver sacked after he divulged he faced criminal charges for high-range drink driving, ruling that a presidential member failed to properly consider the connection between his out-of-hours conduct and his safety-critical job.
A university professor who won reinstatement after being sacked for being "s-xually intimate" with a student during a naked swim has failed to have his and his employer's names removed from the FWC's published decision, despite his concerns the case will attract extra publicity because he is a namesake of the Australian Prime Minister.
A tribunal member has reinstated six sacked Qube Ports waterfront shift managers and expressed alarm at a senior manager's "bizarre" and "ridiculous" proposal that three of them sign an unsighted document before it divulged its plan to maintain operations during a strike.
A manager is seeking damages over his employer's alleged bullying, after he sought to spend two weeks at home following exposure to a COVID-19 case contracted through day care.
A worker made redundant after complaining about performing tasks outside his role description and its effect on his work-life balance has won an adverse action case in a federal court.
In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.
The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.
The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.
A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.
An engineer has won more than $20,000 compensation after the FWC criticised his former employer for its "ham-fisted" attempt at performance management.
