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.
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.
The FWC has ordered a franchisee to compensate an unfairly dismissed employee who contacted head office to report her boss for drunkenness and drink driving in accordance with company whistleblowing provisions.
An Australia Post employee has failed in a Federal Court bid to win reinstatement after his summary dismissal for acting as a paid industrial advocate for his colleagues.
In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.
A Rio Tinto employee has been reinstated after the FWC highlighted starkly different recommendations in investigations conducted by its HR and safety experts.
The FWC has reinstated a public bus driver dismissed after a road rage incident in which a vehicle was damaged and punches thrown, the commissioner observing that while the employee-employer relationship was "bruised", it was not beyond repair.
The FWC has reinstated a CFMEU lodge president dismissed for a series of threatening phone calls to workmates after questioning why recommendations and mitigating factors raised during a senior HR advisor's investigations were absent from the employer's final report.
An "acquiescent" labour hire company should have sought more information from a host employer about its reasons for ending the placement of an on-hire worker, the FWC has ruled in finding her dismissal unfair.
The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.
