The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.
A major private hospital justifiably dismissed a 47-year-old employee for sending an Instagram post "of a s-xual nature" to a young graduate nurse he barely knew, the FWC has found.
A licensed hotel's duty manager, dismissed for allegedly assaulting an "obnoxious" patron parading around with his pants off, has had his unfair dismissal case dismissed by a senior FWC member who ruled it would be unfair to ask the employer to defend the case after he provided an unconvincing medical certificate to explain his last-minute no-show at a scheduled hearing.
"Trump-like" employer concedes HR not "Rolls-Royce"; Employer fails to win security of costs order; Late application approved after language difficulties.
The FWC has upheld Toyota's sacking of a supervisor for improperly exercising his power, finding his "benevolent sexism" and inappropriate behaviour towards a group of young, female fixed-term contractors created a weird, dirty and unhealthy environment.
The FWC has found "justified, proportionate and fair" the summary sacking of a health worker whose duties included running a men's group that addressed issues including domestic violence, after police arrested and charged him with assaulting his partner.
The FWC has refused to throw out the unfair dismissal application of a worker who repeatedly failed to respond to its communications and said she was turned away from four legal firms for not earning enough to make representing her worthwhile.
The FWC has taken the rare step of ordering indemnity costs against a manager accused of HR breaches, finding she kept pressing a "doomed to fail" unfair dismissal application in a bid to inflict maximum harm, but it has thrown out a costs claim against her solicitor.
Dismissal should be effected "in person"; Highly-paid manager not award-covered; Late claim sent to FWC staffer to proceed: Bench; Claim survives non-compliance with evidence deadline.
A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.
