Browsing: Case law | Page 12 (549 items)


Flex orders for union organiser who resisted RTO

In rare flexibility orders won by an ANMF organiser who moved 500km from the office after experiencing domestic violence, the FWC has temporarily blocked the union from requiring her to work more than three nights per fortnight away from home and directed it to count travel time as work time between certain hours for the first half of the school year.


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.


Unreasonable to stymie reporting of safety issues: FWC

The FWC has thrown out a gym attendant's bid for anti-bullying orders, but not before giving his former employer Spotless some advice on how to better respond to complaints and not "overstep" the mark when restricting the reporting of safety concerns.


"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.


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.


Bench backs sacking of meth-taking wharfie

A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.


Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.


Worker dismissed for sending harassing emails after collision

A worker's continued refusal to take responsibility for a workplace car accident and his "highly inappropriate" emails criticising the investigation of the collision warranted his dismissal, the FWC has ruled.


Union legal team's decision to drop case "a disgrace": FWC

A FWC presidential member has lambasted a union's legal team for leaving an illiterate member "high and dry" when deciding not to pursue a "more than arguable" dismissal challenge that ultimately led to reinstatement with full backpay.


DEWR managers did not bully "exceptionally difficult" lawyer

A lawyer who failed to follow "the most basic of instructions" during FWC proceedings and proved to be "exceptionally difficult to deal with", experienced reasonable management action rather than bullying when DEWR raised issues about his tardiness, falling asleep in meetings and delays in producing work.


Page 12 of 55 | Total articles: 549