A FWC member has sought to emphasise that jabs are a matter of choice for employees, rather than a "mandate" imposed by employers, as a tide of COVID-19 vaccination-related unfair dismissal cases work their way through the tribunal.
An office-based stevedore who said he smoked cannabis daily while on leave due in part to the stress of agreement negotiations and COVID-19 lockdowns has failed to establish he was unfairly sacked for "out of hours conduct" after testing positive to THC at work.
The FWC in upholding the sacking of an unvaccinated KFC worker has found it "regrettable" HR sent auto-generated letters that led her to believe she was dismissed for abandoning her job.
The FWC has upheld an employer's entitlement to sack a depressed worker who could no longer perform his job after 33 years, but held it fluffed its lines by failing to extend him the "courtesy" of a chance to respond to its decision.
An aged care provider must compensate a caterer after providing insufficient warning that failing to wear masks correctly could lead to summary dismissal, the FWC has found.
An unvaccinated hospital worker's decision to covertly record her summary sacking via Zoom added to the list of reasons why it should be upheld, the FWC has found.
An experienced tribunal member failed to properly apply the statutory test for assessing unfair dismissals before ordering the reinstatement of six waterfront shift managers, a FWC full bench has found.
The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.
The FWC has upheld the sacking of a risk and compliance manager who refused to meet a vaccination deadline, dismissing her request for a risk assessment as irrelevant in the context of approved COVID-19 vaccines and public health orders.
The FWC has upheld the sacking of a chef despite scant evidence he made discriminatory remarks, finding his failure to follow a HR manager's instructions constituted a valid reason and WorkCover certificates from a "malleable" doctor severely compromised his credibility.
