The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.
The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.
A casual worker has won a second chance to contest his dismissal after a full FWC bench found a tribunal member did not treat him justly when failing to conduct a hearing or conference to consider disputed facts.
The FWC has upheld Great Southern Rail's sacking of a hospitality worker for serious misconduct, finding he threatened two managers with repeated outbursts of verbal abuse that left them feeling "shaken and unsafe".
An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.
The FWC has declined to reinstate a worker found to have been unfairly sacked for refusing to participate in fingerprint scanning, partly because he wanted to "continue to agitate" his concerns about the issue, while it has also warned him against any further "contemptuous" and "rude" conduct towards tribunal members.