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Train driver sacked for safety breaches gets job back

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.

Worker unfairly sacked over murder accessory charge: FWC

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.

Unfair dismissal round-up: Morning sickness justifies extending time; and more

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.

HR manager fined for role in employer's notice breach

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.

Lingerie store breaches adverse action laws

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.

Court rules that adhering to retrenchment clause an "obligation"

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.

Employer ordered to produce PwC bullying inquiry reports

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.