Browsing: Case law | Page 34 (474 items)


FWC accepts stressed WFH paralegal responsible for delay

The FWC has extended time for an employee sacked for allegedly persistently flouting a COVID-19 OHS plan, after it accepted her law firm's explanation that the stresses of working from home hampered the mental health of the paralegal responsible for lodging her claim.


FWC backs BHP's expulsion of defecating worker

The FWC has upheld BHP's sacking of a mineworker who twice defecated in an active drill hole, despite finding it unavoidable on one occasion due to his urgent and explosive diarrhoea.


Coronavirus risks justify entry curbs, FWC rules

The CFMMEU's MUA division has failed to convince a senior FWC member that it is unreasonable to refuse entry to an offshore vessel to reduce the risk of COVID-19 transmission and to instead require it to use a landside meeting room.


Tribunal backs sacking of worker who text-harassed HR manager

The FWC has upheld the dismissal of a council worker on a "destructive path", following a day that started with him refusing to wear safety boots and ended with him almost hitting a team leader with his truck and harassing a HR manager.


Reinstatement after racist message due to "inexplicable" HR failings

The Reserve Bank must reinstate a senior network engineer who accidentally posted to a WhatsApp workplace group a racist message meant for his wife, the FWC finding its procedural failings despite HR expertise to be "simply inexplicable".


Profanities and "bloodshed everywhere" warning justified sacking

The FWC has upheld the sacking of a truck salesperson whose loud swearing was overheard by customers while already on a final warning for saying there would be "bloodshed everywhere" if his employer did not resolve his issues.


Sacked climate critic subject to conduct code: Full Court

An academic sacked after criticising climate research is considering a High Court challenge after a full Federal Court quashed a finding that James Cook University's code of conduct is "subordinate" to intellectual freedom protections.


FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.


Tribunal lauds employer's handling of safety-shy worker

The FWC has upheld the "scrupulously fair" sacking of a second-in-charge installation worker over multiple safety breaches, including some so fundamental he should not have needed training to prevent them.


107-day hiatus granted until teenage witness finishes studies

The FWC has adjourned a dismissal case for at least 107 days so that a Catholic secondary school's "critical witness", the person purportedly "most affected and/or aggrieved" by the alleged conduct of a sacked teacher, can finish his final-year exams and turn 18 before giving evidence.


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