The WA branch of the TWU has failed to strike out a former organiser's adverse action claim in which she alleges the union sacked her six months into her employment for taking sick leave and personal carer's leave to look after her elderly father.
In an FWC case heavily reliant on circumstantial evidence, a former soldier with an unblemished work record has had his dismissal for stealing company property upheld after the tribunal heard of airport mix-ups on a remote island, alleged union skullduggery, an upset stomach – and a dead bat.
The FWC has upheld under the small business code the summary dismissal of a manager accused of blackmailing his employer into paying an $85,000 separation package in return for him abandoning a proposed complaint to OHS authorities.
A court has thrown out an aggrieved former employee's bullying case, finding he could not substantiate claims of a "complex conspiracy" that involved a flatulent supervisor.
In a closely-watched dismissal case contemplating how much weight should be attached to mitigating factors, an FWC majority full bench has reinstated a worker sacked for his foul abuse and threats to colleagues via text messages and phone calls while drunk.
The Federal Circuit Court has taken a broad view of what amounts to an employment-related complaint in ordering an employer to pay more than $150,000 in compensation and penalties for its adverse action when it sacked a senior employee who upbraided his chief executive for failing to pay outstanding invoices to a key subcontractor that had downed tools in protest.
The FWC has upheld the sacking of a personal assistant who became entangled in a company power play, finding that her employer's belief that she lied to cover a director's tardiness satisfied the requirements of the small business code.
In a rare case turning on an employee's loss of trust in his employer rather than the other way around, the FWC has stepped back from ordering the reinstatement of a worker found to have been unfairly dismissed, despite describing it as the most "compelling" remedy.
