In a significant decision on out-of-hours conduct, the FWC has ruled that ALDI justifiably dismissed a storeperson for throwing a full beer glass over the heads of colleagues at an official company Christmas party.
The FWC has praised Australia Post subsidiary Startrack Express for its flawless process in dismissing an employee who "crossed a line" from tolerable crudity to unacceptable racism in his remarks to colleagues.
A court has imposed a $71,000 costs order on an HR manager who took a "scattergun" approach to challenging her dismissal, but has stopped short of imposing a similar order on her high-profile Sydney barrister, despite criticising his role in the case.
Dismissing an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by his employer, a tribunal has ruled.
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.
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.
A licensed hotel's duty manager, dismissed for allegedly assaulting an "obnoxious" patron parading around with his pants off, has had his unfair dismissal case dismissed by a senior FWC member who ruled it would be unfair to ask the employer to defend the case after he provided an unconvincing medical certificate to explain his last-minute no-show at a scheduled hearing.
"Trump-like" employer concedes HR not "Rolls-Royce"; Employer fails to win security of costs order; Late application approved after language difficulties.
The FWC has upheld Toyota's sacking of a supervisor for improperly exercising his power, finding his "benevolent sexism" and inappropriate behaviour towards a group of young, female fixed-term contractors created a weird, dirty and unhealthy environment.
The FWC has found "justified, proportionate and fair" the summary sacking of a health worker whose duties included running a men's group that addressed issues including domestic violence, after police arrested and charged him with assaulting his partner.
