A tribunal has backed a decision by YMCA NSW to not appoint a man in his fifties as a senior pool lifeguard after he referred, during his interview, to physically touching and wrestling troubled young men he was counselling.
Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.
The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.
Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.
A welder's claims that he was "fine" after bingeing on 20 cans of full-strength beer over 12 hours on Australia Day before facing a random breath test at work has failed to impress FWC member Danny Cloghan, who says it "would be greeted with that very Australian saying relating to animal manure".
A CommSec customer service officer placed on performance plans and counselled for breaching the company's "clean desk" policy has failed to convince the FWC he was bullied by his employer and two supervisors.
The Federal Circuit Court has fined construction company Baulderstone $25,000 for taking adverse action against a worker who resigned his CFMEU membership, along with $7000 in penalties for two HR managers who were carrying out orders and failed to "exercise their choice" to refuse to comply.
A tram company's payments to a driver it suspended then sacked for texting on the job made up for procedural shortcomings arising from its "hands off" HR practices, the FWC has found.
A stevedoring giant that guaranteed confidentiality to employees participating in a workplace conduct investigation has won an FWC order restricting publication of their names and complaint details, as it continues to defend a groundbreaking bullying case.
Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.
