Commission stamps out postie's unfair dismissal claim; Commission swoops on decision to sack decorated former army pilot; Compensation icing on cake for employee sacked over Facebook comments; Property manager unfairly sacked for speaking out about workload.
An employer must compensate a bullied employee it forced to resign, after the FWC found he was unfairly dismissed for failing to comply with an unreasonable request to be examined by a company-nominated doctor.
The FWC has upheld the dismissal of a child care centre worker who was accused of being no more than a "bystander" when a four-year-old went into anaphylactic shock after consuming a jam-drop biscuit that contained egg.
A long-serving GM Holden employee sacked for working on his investment property while dishonestly claiming workers' compensation has lost his entitlement to retraining and a redundancy payment of up to $180,000 when the company closes its manufacturing operations next year.
A forklift driver who broke his employer's "golden rules" by operating his vehicle while a customer was in an exclusion zone has failed to convince the FWC that his dismissal was unfair, after supporting evidence from a customer collapsed under cross-examination.
The summary dismissal of a worker who returned a positive drug result lacked procedural fairness but this was mitigated by the employer's need to ensure a safe workplace, the FWC has ruled.
The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.
A full Federal Court has ruled today that an FWC full bench went beyond the boundaries of the tribunal's fast-track "permission to appeal" process, when it dealt with the "substance" of a sacked Qantas pilot's challenge to his dismissal.
The FWC has ordered an employer to pay more than $25,000 compensation to a truck driver it sacked for serious misconduct, based on "flimsy" CCTV evidence.
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.
