Termination of employment page 164 of 182

Pacific National has been ordered to reinstate a train driver, after the FWC uncovered flaws in its investigation before it sacked him for speeding and leaving his co-driver behind while she took a trackside toilet break.

Employers must conduct a reasonable investigation and avoid a "knee-jerk reaction" when considering sacking any employee facing serious out-of-hours criminal charges, a tribunal has warned.

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.

A HR manager has been fined more than $1,000 by the Federal Circuit Court for the part she played in her employer's provision of insufficient notice when dismissing an injured employee.

A lingerie store manager allegedly labelled a "sl-t" after refusing the s-xual advances of a director at a work function was exposed to unlawful adverse action when the company refused to re-employ her, the Federal Circuit Court has found.

A full Federal Court majority has today found that a passively-worded redundancy clause in a university's enterprise agreement imposes firm obligations on it to exhaust other options before proceeding with compulsory redundancies.

The FWC has ordered an employer defending an unfair dismissal claim to produce a consultant's bullying report sought by an employee it sacked after he drew a stylised p-nis on a workplace incident report, while it has refused to effectively "mandate" that the employer be represented by its employer association's lawyer.

A worker with a "dismissive" attitude to OHS who breached his employer's zero alcohol tolerance policy has been compensated because a previous warning was too severe.

A confectionery company discriminated against an employee when it failed to consider, or give him an opportunity to propose, adjustments that might have enabled him to continue working, a tribunal has found.

A welder's claims that he was "fine" after bingeing on 20 cans of full-strength beer over 12 hours on Australia Day before facing a random breath test at work has failed to impress FWC member Danny Cloghan, who says it "would be greeted with that very Australian saying relating to animal manure".