Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.
A senior FWC member has cautioned companies against sending dismissal decisions "up the line" without revealing the final signatory's name, observing such opacity could influence whether the process is found to be fair.
The FWC has upheld the dismissal of a BP technician who created and shared a Hitler parody video of the company's protracted bargaining with oil refinery workers, finding he depicted senior managers as Nazis and referenced details known only to those involved.
The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.
The FWC has upheld the dismissal of an armoured vehicle operator who admitted that he might not have persevered with his case had his employer granted earlier access to "quite damning" CCTV footage
The FWC has upheld Great Southern Rail's sacking of a hospitality worker for serious misconduct, finding he threatened two managers with repeated outbursts of verbal abuse that left them feeling "shaken and unsafe".
An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.
The FWC has upheld a global mining service provider's sacking of an OHS advisor who flouted vehicle journey safety policies and "fell well short" of his employer's expectations.
The FWC has declined to reinstate a worker found to have been unfairly sacked for refusing to participate in fingerprint scanning, partly because he wanted to "continue to agitate" his concerns about the issue, while it has also warned him against any further "contemptuous" and "rude" conduct towards tribunal members.