The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.
The FWC has rejected a multinational's application for security for costs, but has granted legal representation because of an intervention order that precludes interaction between the employee and the employer's most senior manager in Australia
Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.
An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.
The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.
An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.
The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.
Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.
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.
