In a decision reinstating a Regional Express pilot who missed a COVID-19 vaccination deadline, the FWC has expressed sympathy for the airline's "beleaguered HR staff", despite finding the sacking procedurally flawed.
Former Labor Senator Kristina Keneally's decision to summarily sack a staffer via email without hearing from him after he confronted a Coalition MP with claims of coercive control unfairly denied him a chance to argue an "active bystander" defence, the FWC has held.
A FWC full bench has thrown out a Qantas bid to overturn the reinstatement of a trainer accused of staring at a flight attendant's breasts and gazing into her eyes in a "distinguishably lewd" manner during a safety demonstration.
A FWC member has sought to emphasise that jabs are a matter of choice for employees, rather than a "mandate" imposed by employers, as a tide of COVID-19 vaccination-related unfair dismissal cases work their way through the tribunal.
An office-based stevedore who said he smoked cannabis daily while on leave due in part to the stress of agreement negotiations and COVID-19 lockdowns has failed to establish he was unfairly sacked for "out of hours conduct" after testing positive to THC at work.
The FWC in upholding the sacking of an unvaccinated KFC worker has found it "regrettable" HR sent auto-generated letters that led her to believe she was dismissed for abandoning her job.
The FWC has upheld an employer's entitlement to sack a depressed worker who could no longer perform his job after 33 years, but held it fluffed its lines by failing to extend him the "courtesy" of a chance to respond to its decision.
An aged care provider must compensate a caterer after providing insufficient warning that failing to wear masks correctly could lead to summary dismissal, the FWC has found.
An unvaccinated hospital worker's decision to covertly record her summary sacking via Zoom added to the list of reasons why it should be upheld, the FWC has found.
An experienced tribunal member failed to properly apply the statutory test for assessing unfair dismissals before ordering the reinstatement of six waterfront shift managers, a FWC full bench has found.