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109 articles are classified in All Articles > Workplace policy > Case law


Exclusion from Christmas cheer "not bullying": FWC

The FWC has refused to issue an interim anti-bullying order against an employer that excluded a cleaner from a workplace Christmas celebration and refused to give her leave on Australia Day, but has criticised its "poor and clumsy" handling of the worker's complaints.

High Court ruling to constrain expression of political views: Academics

Academics are warning of a "chilling effect" on the ability of public servants to express their political views, following today's High Court finding that a government department lawfully dismissed a public affairs officer over a barrage of highly-critical anonymous tweets.

Dismissal rebounds on employer

Sacking a speeding truck driver who hit a kangaroo on a country road was disproportionate to his conduct, the FWC has held, finding he was denied a chance to explain or challenge GPS data.

Bench upholds factory hand's refusal to give finger

An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.

High Court rebuffs "two longs" case; & more

High Court rebuffs "two longs" special leave bid; Relativity "decompression" proposal needs to go back to drawing board, say retailers; and Women's pay outpacing men's in recent wage slowdown, says report.

Worker completely violated employer's trust: FWC

The FWC has upheld the sacking of a Telstra business centre's IT technician accused of supplying drugs, accessing p-rnography, sending the director's confidential documents outside the company and remotely locking the entire workplace out of the network during an investigation into his conduct.

Tribunal backs sacking after male-on-male harassment

The FWC has upheld the dismissal of a 63-year-old male employee who sent text messages calling a 37-year-old male colleague his "bitch" and "toy boy" and threatened to "molest" him and squeeze his testicles until it made him cry.

FWC endorses sacking of harassing "alpha-male"

There is "no place for bawdy offensive alpha-male behaviour in the workplace", the FWC has found, in upholding the dismissal of a male worker for asking a female colleague for a kiss and telling another co-worker that he wanted to "f-ck" his sister.

FWC stubs out smoker's dismissal challenge

The FWC has upheld the dismissal of a warehouse worker who repeatedly breached his employer's policies on smoking, eating and drinking in the workplace.

Sackings upheld despite "minimalist" workplace culture

The FWC has told an employer that it must accept responsibility for a "suboptimal" workplace culture that it could have reset before sacking two senior wharf workers who verbally abused a female colleague, but it upheld their dismissals for behaviour that "crossed the line".