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399 articles are classified in All Articles > Workplace policy > Case law


Drink-driving unrelated to rail operator's job, FWC rules

In an important out-of-hours conduct ruling, the FWC has reinstated a veteran train driver sacked after he told his employer that he faced possible imprisonment for blowing four times over the blood alcohol limit when police breath-tested him on the road.

DHL stops delegates passing company "secrets" to UWU

In a novel use of the Corporations Act in an IR setting, logistics company DHL has secured an urgent interlocutory injunction to stop the UWU procuring alleged confidential information from about 60 shop stewards that might have given it a significant advantage in enterprise negotiations underway across the company's sites.

FWC rejects driver's breathalyser-fail explanation

The FWC has upheld a Qube subsidiary's sacking of a truck driver who blamed a positive blood alcohol reading on sucking on three-quarters of a 10-pack of Anticol cough lozenges to counter a dry throat.

Donning/doffing PPE is working time: Bench

A full bench has quashed a finding that a meatworker is not entitled to payment for time involved in putting on and removing PPE during a half-hour unpaid meal break, but has held an employer's silence did not give the FWC power to arbitrate on the before- and after-work requirement.

Union uses Queensland IRC safety jurisdiction for harassment case

The RTBU has used a relatively new Queensland IRC power to hear safety disputes to pursue an alleged sexual harassment case on behalf of an Aurizon train driver member who claims the company "washed its hands" of the matter on the basis that it occurred outside of work.

Unions frothing over BHP's new alcohol policy

Mining unions are seeking an urgent meeting with BHP Billiton over a new alcohol policy limiting workers at remote camps to four standard drinks per day.

Second-time-around sacking unfair without fresh evidence: FWC

A government agency has been ordered to reinstate a worker dismissed a year after it attributed a workplace vehicle collision to "human error", the FWC finding it had produced no further evidence to warrant the change of heart.

FWC saves "threatening" worker's bacon

The FWC has reinstated a bacon worker, after holding it was not threatening to say she felt like knocking a colleague off her perch, while finding the employer contributed to their stress, denied her procedural fairness and had a tendency to exaggerate evidence.

End of the road for Coles driver sacked for drug test failure

A full bench has overturned an extension of time, originally granted on the basis of his union's representative error, for a truck driver summarily sacked by Coles Supermarkets after testing positive for methamphetamine and cannabinoids.

Sacking justified after Facebook posts: FWC

The FWC has upheld the sacking of a finance broker who posted sexually-explicit Facebook memes, including one featuring a colleague after seeking her permission, finding a "robust" and sub-par workplace culture did not make his ousting unfair.