Browsing: Case law


Bus driver's mobile phone story doesn't ring true: FWC

A bus driver who "blatantly breached" road rules and his employer's policies when he took his hands off the wheel, removed his phone from his pocket and used it while driving "fabricated" his explanation that in fact he had in fact been holding his diary, the FWC has ruled after viewing CCTV footage more than 20 times.


Offshore HR manager contributed to chef's unfair chop: FWC

The Los Angeles-based HR manager for the Melbourne subsidiary of a Chinese hot pot chain did not apply enough rigour to investigating claims about a "knife-wielding" chef before sacking her for a second time, the FWC has found.


"Inadequate" policy leads to cocaine user's reinstatement

In a warning to employers about ambiguous drug and alcohol policies, the FWC has in a 50-page decision highlighted the "inadequacy" of a multinational company's code as being among the reasons for reinstating a wharfie sacked for cocaine use.


Homeless period meets standard to extend time: FWC

In a decision closely considering when homelessness can provide the "exceptional circumstances" necessary to warrant extending time, the FWC has agreed to hear a one-day late claim after hearing the applicant spent a fortnight after his dismissal sleeping in his car.



Scientist's "infrequent error" sacking justified: FWC

In a decision weighing how close to "perfection" an employee's standards need to be, the FWC has upheld the sacking of an experienced scientist accused of "manipulating" data for a single BHP soil sample among thousands he helped test.


Sacked for breach of non-existent policy: FWC

A large childcare operator has been ordered to pay more than $8000 compensation to a sacked worker falsely accused of telling a parent about her tenuous visa status in supposed breach of a company policy found by the FWC to impose no constraint on such interactions.


UWU organiser gets second chance to contest sacking

A former organiser who claims the UWU sacked her for exacerbating post-amalgamation "tensions" by pushing for a staff agreement has won a three-month extension to file her second unfair dismissal application, after a full bench found her first one barred as she lodged it while pursuing an adverse action case.


Employer too quick to pull trigger over drug result: FWC

The FWC has awarded $20,000 to an on-hire mineworker sacked after testing positive for anti-depressants, finding that more consideration should have been given to his "genuine misunderstanding" of the host's new drug policy.


Worker pays price for labour supplier's "remarkable" acquiescence

The removal of a long-serving on-hire worker on her host's instruction after she mislabelled two boxes amounted to an unfair dismissal but the FWC has "reluctantly" declined to order compensation despite the labour supplier's failure to "go into bat" for her.


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