The FWC has upheld the sacking of a BHP Coal mineworker who punched a supervisor in the face and asked a colleague if she had "fake t-ts" at a company Christmas party, but has reinstated another employee dismissed for serious misconduct at the same event.
The FWC has found Westpac subsidiary BT unfairly dismissed a business development manager by giving him "no effective or real option but to resign" when it failed to deal with his excessive working hours or investigate his complaints against a former mentee.
A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.
The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.
The FWC has rejected the "post fabricated" inventions of a supermarket owner found to have sacked a casual shop assistant because he preferred workers from Asian-speaking backgrounds, ordering full compensation despite claims it would destroy his business.
In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.
The FWC in reinstating a long-haul truck driver has taken into account his employer's preparedness to be "complicit" in a "deeply troubling" falsification of logbooks.
The FWC has ordered an employer to reinstate an employee it accused of theft, fraud and corruption, finding "erroneous" allegations and "a series of procedural flaws" led to her unfair dismissal.
A company that was within its rights to sack an employee who said he was too broke to travel to work must compensate him due to its unfair dismissal process the following day.