Browsing: Case law (583 items)


"Integrity" concerns justified loan manager's sacking: FWC

The FWC has upheld Westpac's sacking of a veteran loan manager found to have accepted payments from customers and misused WhatsApp, with the tribunal rejecting his claims that it carried out a sham investigation in retaliation for his "whistleblowing".


Reinstatement for worker who tried to stop "swarm"

In a decision shining a light on real-world tensions in applying workplace safety policies, the FWC has reinstated a 67-year-old bottle shop attendant sacked after she feigned closing a roller door to spur a "swarm" of thieves to leave the store.


Reasonable to reject 100% WFH bid: FWC

A federal authority's concerns that a dispute resolution specialist will miss out on face-to-face connections by working from home 100% of the time while looking after his child are among reasonable business grounds for refusing his request, the FWC has held.


Hearing looms for delegates rights case

The first test case for the delegates' rights provisions legislated by the Albanese Government is set to be heard in the Federal Court in Brisbane next week.


Bench rejects sacked urinator's AI-aided challenge

Google AI's unfounded suggestions that an unfair dismissal ruling set a "dangerous precedent" and established an "unsafe principle" highlight the technology's limitations, a FWC full bench has found today.


Neurodiverse worker's fate part of "unforgiving trend"

A 20-seconds late FWC lodgement has been fatal for a worker who claimed her employer discriminated against her when it dismissed her for refusing to undergo an independent medical examination after she disclosed her neurodiversity.


Threats of violence validated sacking: FWC

An unfairly sacked concreter has been denied reinstatement or compensation, after the FWC accepted that his threats of violence scared his colleagues and their spouses.


Amazon justified in sacking IME-shy worker: FWC

The FWC has backed Amazon's sacking of an injured worker who refused to have an independent medical examination, while another employer's income protection policy has weighed in favour of finding it not unfair to dismiss an incapacitated diesel fitter.


Member's "significant" failure regarding evidence: Bench

A FWC full bench has quashed a finding that the ACT's education department unfairly sacked a teacher who crossed boundaries with students, including by messaging them and providing lifts, remitting the case to another member for redetermination.


Full court positive on drug testing

A contentious random drug and alcohol testing regime can go ahead at Opal Packaging after a full Federal Court found both employer and union erred and in turn led the primary judge astray by focusing on who benefited from a requirement that the "status quo remain" in their dispute resolution procedure, while ignoring the rest of the clause.


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