A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.
A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.
The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.
The Federal Circuit Court has rejected a club manager's claim that her employer breached adverse action and consultation laws when it made her redundant, accepting it did so for financial reasons.
BHP Coal was entitled to dismiss a boilermaker who tried to return to work after a lengthy injury-related absence with "quite insufficient and generic medical information" and then refused to attend a company-organised medical assessment.
The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.
The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.
A full Federal Court has refused to overturn a finding that an employee whose firm was placed in receivership resigned and as such was not entitled to the $273,360 payout he claimed.
