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Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.

Lewd Instagram post to young nurse warranted sacking

A major private hospital justifiably dismissed a 47-year-old employee for sending an Instagram post "of a s-xual nature" to a young graduate nurse he barely knew, the FWC has found.


Self-represented CEO highlights futility of own case

The pitfalls of self-representation have been highlighted by an FWC full bench that found it would be "futile" to hear a former chief executive's anti-bullying case because his notice of appeal "expressly" indicated he was seeking an unnecessary order.

BHP worker who flunked drug test allowed to challenge dismissal

The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.

"Honest" Facebook error no defence: FWC

In a broad warning to employees mixing social media and work, the FWC has found that a BHP Billiton mineworker was justifiably sacked despite upon realising his error quickly deleting two Facebook posts mistakenly asserting shifts were cancelled.

Arnott's to introduce urine tests, trial self-testing

The FWC has given Arnott's biscuits the go-ahead to introduce urine testing of all employees for drug and alcohol use, while the food giant has agreed to trial a union proposal for workers to take immediate leave without pay if they record a positive from oral or breathalyser self-tests before a shift.


Efforts to improve "diligent" employee's performance not bullying: FWC

A one-time star employee's anti-bullying application has been rejected despite acknowledgment of his "devastation" at being placed on successive performance improvement plans he believed resulted from unfair interpretations of his position description.

Accident pay ruling upheld after pilot's crash

The Federal Court, in re-determining part of a decision awarding $150,000 in underpayments to an ex-employee, has held that she is entitled to a year's accident make-up pay as it kept accruing after her employment ended, but says her superannuation accrual ended with her job.