The summary dismissal of a worker who returned a positive drug result lacked procedural fairness but this was mitigated by the employer's need to ensure a safe workplace, the FWC has ruled.
The AWU has accused the construction watchdog of seeking to "terrorise" construction workers and their families by serving prosecution notices on 52 workers over the weekend after a year-long investigation.
The FWC has refused to issue anti-bullying orders against a high-profile Adelaide restaurant because it implemented positive measures to tackle unreasonable behaviour.
An FWC full bench has overturned a "counter-intuitive" decision to compensate a worker dismissed for his blatant disregard of his employer's drug and alcohol and OHS policies.
Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.
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.
A construction company - which came to the attention of the Heydon Royal Commission for paying AWU membership fees on behalf of employees, even if they were not members - has been ordered to pay $1.3 million in damages after admitting it failed to prevent a female labourer being s-xually harassed and bullied by her workmates.
A fly-in, fly-out employee can claim workers' compensation for injuries a violent co-worker inflicted outside working hours at a BHP Billiton mining town's pub, because he was there due to his job, a full Federal Court has ruled.
The Fair Work Commission has ruled that a resident caretaker of a luxury resort, even though he is manager, is a "worker" eligible to pursue an anti-bullying claim.