As Murdoch University continues to press for termination of its enterprise agreement, its lawyers say an FWC decision upholding the sacking of an employee who used his work email to send abusive messages to the ABS illustrates the deal's outdated provisions.
A tribunal has upheld the sacking of a general manager's personal assistant for storing more than 1200 inappropriate and pornographic emails in a "funny emails" folder, but has compensated her because it was harsh.
Airservices Australia was entitled to dismiss a firefighter keeping watch at a major airport's fire control centre for continuing to film a simulation of himself making music on an electronic device as an alarm sounded, the FWC has found.
The FWC has awarded $6,000 compensation to a travelling salesperson who was unfairly dismissed for making a "crude" and "immature" Facebook post suggesting a woman provided s-xual favours to her boss to win a promotion.
The FWC has upheld the sacking of an accounts manager for cosmetics giant Coty for making disparaging comments about clients in an email she accidentally sent to them.
The FWC has found it was harsh to dismiss a nurse who tagged two colleagues to a s-xually explicit Facebook video and said they were "slamming" each other, set-up a mock masturbation scene on a workmate's desk and referred to a senior manager in crude derogatory terms.
A worker sacked for sending "highly sensitive" information to her private email has provided a forum for the FWC to reaffirm that employers can bolster their unfair dismissal defence with evidence of misconduct unearthed after an employee's termination.
The FWC has found that an employer was justified in seeking to protect its reputation by sacking a "dishonest" employee who told a client she had sent an important document when no trace of the email could ever be found.
The FWC has upheld the dismissal of a "competent and conscientious" communications advisor with an extensive media background, accepting he could not be redeployed because his resistance to social media made him unsuited to the new role's demands.
An employer was not obliged to immediately notify an employee it was accessing her Facebook messages or posts during a disciplinary investigation, Victoria's Supreme Court has confirmed in a decision clarifying the manner in which information privacy principles apply to social media.
