Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.
A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.
A disability service unfairly sacked a worker for calling its female director a "c--t", the FWC has held, finding its "surprising" reliance on a nurse to perform a dual HR role likely to have contributed to its peremptory approach.
A senior FWC member must reconsider an employer's jurisdictional objections to an unfair dismissal application in the correct sequence after a full bench found she leapfrogged several steps the first time around.
Purported cultural differences did not excuse a restaurant manager's behaviour in shoving a young employee off balance and chiding that he'd "kill" him if he didn't stop "stressing" his co-manager wife, the FWC has found.
The FWC has upheld the sacking of a supervisor summarily dismissed for disobeying a reasonable direction when he allowed his team to drink alcohol while celebrating the completion of a major project.
A Victorian government youth justice worker sacked for not having further COVID-19 vaccination shots after reacting adversely to his first dose has won compensation, the FWC finding the department should have explored redeployment and reasonable adjustments.
A senior FWC member has thrown out an airline catering worker's dismissal dispute after finding a psychologist's assessment that a scheduled telephone hearing should be postponed due to his mental health did not warrant an adjournment.
The ANMF has won an interlocutory injunction stopping a hospital from dismissing a nurse over a health-related exemption from night shifts while she seeks to establish it is a reasonable adjustment or flexible work arrangement and that night work is not an inherent requirement of the job.
