An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.
The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.
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.
Pacific National has been ordered to reinstate a train driver, after the FWC uncovered flaws in its investigation before it sacked him for speeding and leaving his co-driver behind while she took a trackside toilet break.
Employers must conduct a reasonable investigation and avoid a "knee-jerk reaction" when considering sacking any employee facing serious out-of-hours criminal charges, a tribunal has warned.
Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.
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".
"Tennis tragic" cops serve from the FWC over dismissal; Grain handling industry gets new modern award; and CFMEU expresses concern over Hanna allegations.
Decision to "chance her arm in the Federal Court" costly for general protections applicant; Some safety breaches warrant summary dismissal to maintain OHS policy: FWC.
