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34 articles are classified in All Articles > Workplace policy > Fitness for duty


Test case looms on mandatory vaccinations

In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.

Mask objector claims Auntie took adverse action

An ABC makeup artist who claims her Lyme disease makes it unsafe to wear an anti-coronavirus mask and wants to instead don a shield is suing the broadcaster for discriminatory adverse action after it allegedly removed her from its roster.

Teacher accused of grooming loses "working with children" permit

A tribunal has upheld the revocation of a high school teacher's working with children authorisation after finding that while accusations and behaviours consistent with grooming had not been conclusively established, he continued to put himself in compromising situations.

Order to complete COVID-19 survey a lawful direction

The FWC has upheld a recruitment company's dismissal of a consultant who refused, as the coronavirus pandemic escalated in early March, to complete a survey about his recent history of travel to destinations with moderate to high COVID-19 risks.

Nurse with hearing loss disadvantaged by rigid shift rules

NSW Health must compensate a registered nurse for lost shift penalties and refrain from rostering her on morning and night shifts after a tribunal found it indirectly discriminated against her on the basis of her hearing impairment.

One-off pot smoker's sacking went off the rails: FWC

The FWC has reinstated a rail worker sacked for coming to work the day after he smoked his first joint in 30 years and has taken Sydney Trains to task over its purported zero tolerance for drugs.


MS/Parkinson's sufferer claims discriminatory sacking

Professionals Australia has filed a $380,000 discrimination and adverse action claim against one of the nation's largest defence contractors, alleging it unlawfully sacked a manager after nearly 20 years' service because he suffers from multiple sclerosis and Parkinson's disease.

Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Manhattan cocktails sufficient reason for Qantas sacking

The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.