A worker sacked for sending "highly sensitive" information to her private email has provided a forum for the FWC to reaffirm that employers can bolster their unfair dismissal defence with evidence of misconduct unearthed after an employee's termination.
The FWC has found that an employer was justified in seeking to protect its reputation by sacking a "dishonest" employee who told a client she had sent an important document when no trace of the email could ever be found.
A full Federal Court has found a Catholic employer terminated the employment of a school coordinator who had been charged over indecent assault of a minor, opening the way for him to pursue his unfair dismissal claim in the Fair Work Commission.
The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.
The FWC has upheld the dismissal of a "competent and conscientious" communications advisor with an extensive media background, accepting he could not be redeployed because his resistance to social media made him unsuited to the new role's demands.
The Australian Baseball League did not take adverse action against a team's general manager when it opted not to renew his contract, a court has found.
An FWC member ventured beyond the tribunal's private arbitration powers when he ruled on a dispute over the sacking of a probationary employee, a full bench has found.
The FWC has found a delivery driver fingered by a colleague as being involved in a theft ring was unfairly dismissed because his sacking coincided with his complaints about entitlements and workers' health and safety.
The FWC is set to consider whether the NUW can rely on evidence provided to the Heydon Royal Commission to defend an unfair dismissal claim from the brother of former NSW branch secretary Derrick Belan.
A garbage truck driver sacked for urinating in a CBD laneway during his shift has won his job back after the Fair Work Commission found he paid too high a price for his misconduct.
