A worker sacked over performance and conduct issues has failed to establish a connection with his mental disability or that his employer took adverse action on the basis of his bullying complaints.
The FWC has upheld the sacking of a hospital operating theatre cleaner who spent 44% of his working time, excluding breaks, in a tea room, but has scolded the employer for its "faintly ridiculous" arguments against allowing him to "meticuously review" damning CCTV footage.
A Jehovah's Witness's ineptitude and expectation he should be treated "deferentially" at work, rather than any religious discrimination, resulted in his dismissal from a labouring job after seven weeks, a court has found.
A major gas supplier has been ordered to reinstate a left-handed worker whose primary duties involved lifting five-kilogram cylinders, after basing his dismissal on an assessment that right shoulder and neck pain meant he could lift no more than 20kgs.
A court has given a publicly-listed veterinary pharmaceutical company the go-ahead to pursue its former chief executive for a significant portion of more than US$400,000 paid to settle assault and s-x discrimination cases brought by two members of its marketing team.
A senior FWC member says the tribunal cannot issue interim anti-bullying orders merely because there is a serious question to be tried, while it has made it clear to a worker that such an order is not a tool to prevent her dismissal until her matter is determined.
A full Federal Court has upheld the dismissal of a senior lawyer who publicly criticised government clients of his firm, finding that repeatedly disobeying reasonable directions to desist trumped his right to express a political opinion.
Sex Discrimination Commissioner Kate Jenkins in her report of the national inquiry into sexual harassment has recommended the FWC gain new powers to issue orders to halt the conduct, similar to its ability to make anti-bullying orders.
A proposed agreement requiring employees aged 50 and over to submit to more frequent medical examinations will be considered for approval only if the term is removed, the FWC has found.
The FWC has granted a two-day extension for an aged care worker to file her unlawful dismissal claim after finding the combined circumstances - including the Christmas Eve deadline, her worsening bipolar disorder symptoms and the anniversary of her mother's death - to be exceptional.