Positive drug test justifies sacking; THC-positive worker to get his day in tribunal; Bench upholds BHP Coal's sacking of worker for safety breach; Genuine redundancy after Amex outsources work to India; and Threats no way to negotiate with employer.
The FWC has ordered the reinstatement of a Centrelink officer who described customers as "spastics" and "whingeing junkies" on social media and posted comments that allegedly criticised the government and brought his employer's reputation into disrepute.
The FWC has ordered the ATO to reinstate a senior officer dismissed for being a "square peg" that wouldn't fit into a round hole after he was unable to perform the duties of a new role.
The FWC has found that an HR manager should have provided a better briefing to another manager before a meeting where he was to sack a long-serving employee.
An FWC full bench has found a presidential member got her facts wrong when she found an employee recovering from a skydiving accident was capable of performing the inherent requirements of his position.
The NSW Catholic Education Office is considering an appeal against an FWC full bench ruling that child protection legislation does not oblige employers to dismiss teachers charged with indecent assault against minors but only stops them from performing "child-related work".
The FWC has ruled an employee is not protected from unfair dismissal because his US$100,000 annual remuneration exceeded the high-income threshold at the time he lost his job.
The general manager of a leading insurance brokerage sacked for his drunken conduct has had his $300,000 wrongful termination damages payout discounted by 70%, after the NSW Supreme Court of Appeal upheld the employer's appeal.
A full Federal Court has rebuffed a group of St George Bank managers who claimed the employer engaged in misleading and deceptive conduct when it retrenched them after promising they would receive retention bonuses if they stayed in their jobs during a merger with Westpac.
The FWC has ordered Toll Holdings Ltd to reinstate a worker it sacked for making inappropriate comments about Islam and the Taliban to an Afghani colleague.
