The FWC has found a Coles Supermarkets baker who texted explicit images to a manager who responded "great d--k pic" did not sexually harass him as he appeared to initially take them as "a joke", but the tribunal has upheld his dismissal as his behaviour breached the retailer's code of conduct.
The FWC has reinstated a CFMEU lodge president dismissed for a series of threatening phone calls to workmates after questioning why recommendations and mitigating factors raised during a senior HR advisor's investigations were absent from the employer's final report.
An FWC member denied a sacked worker an opportunity to re-open his case when she failed to forward to him a crucial psychologist's report her chambers received hours after the hearing concluded, a full bench has found.
A law firm chief executive's "abrasive" email to 80 lawyers warning that "the lion will soon be catching up with any sick zebras" has come back to bite him, the FWC finding that he unfairly dismissed a senior associate given two weeks' notice for allegedly threatening legal action.
The FWC has upheld the sacking of NUW NSW organiser Nick Belan over admissions to the Heydon Royal Commission he misused his union credit card, slamming his "complete disregard" for his duty.
The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.
"No human resources specialist would have recommended" the manner in which a company dismissed a worker after his "appalling conduct" when he swore in a vulgar way at his boss, the FWC has found.
A Catholic school teacher sacked after being charged with indecent assault, of which he was later acquitted, has been reinstated after the FWC rejected the Sydney Archdiocese's argument that his automatic loss of clearance to work with children frustrated his employment.
An FWC member has observed that a business with more than 40 employees "is large enough to warrant a HR manager and a HR officer" in a case where an employer sought leave to challenge its own HR manager's recollection of events.
