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.
A Melbourne brothel took adverse action against an award-winning receptionist when it threatened to shift her from permanent part-time to casual employment, then dismissed her when she objected.
The FWC has found a labour hire company responsible for unfairly dismissing a factory worker it withdrew from Nestle after the confectionery giant wrongly concluded she was guilty of a clocking-off violation and said she was no longer required.
A worker purportedly hired to work on a construction project until her demobilisation "automatically" terminated her employment was entitled to make an unfair dismissal claim, because she wasn't employed to perform a "specified task", an FWC full bench has found.
A former international manager for listed health products company Blackmores who sought more than $140,000 in compensation has failed to prove his employer dismissed him because of redundancy or that its HR manager and others misled him by claiming he was not entitled to severance pay.
Roy Morgan Research Ltd took adverse action against a director who sought to return to work after maternity leave when it refused her request for flexible working hours and instead brought forward her redundancy, the Federal Circuit Court has found.
A tribunal has warned employers that they must not only have anti-discrimination policies in place but must also ensure they are "communicated effectively", after finding an Aboriginal economic development company vicariously liable for race discrimination.
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.
The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.
A general manager sacked for going" behind the back" of his employer to allegedly block the sale of the business has failed in his adverse action claim but has won than $30,000 in damages after a court ruled his misconduct did not warrant summary dismissal.
