The FWC has found an employer was entitled to summarily dismiss an employee who lodged complaints and sent group emails accusing managers of bullying and appointing a friend to a job he had unsuccessfully sought.
The FWC has found that an HR manager should have provided a better briefing to another manager before a meeting where he was to sack a long-serving employee.
A full Federal Court has rebuffed a group of St George Bank managers who claimed the employer engaged in misleading and deceptive conduct when it retrenched them after promising they would receive retention bonuses if they stayed in their jobs during a merger with Westpac.
The FWC has upheld the dismissal of an employee for a relentless six-week email campaign in which he made a "deliberate and concerted effort" to discredit IR and ER employees after his demotion for "racial bullying" of an Indian-origin colleague he claimed was "smelly".
A forklift driver who broke his employer's "golden rules" by operating his vehicle while a customer was in an exclusion zone has failed to convince the FWC that his dismissal was unfair, after supporting evidence from a customer collapsed under cross-examination.
A tribunal has warned employers that they must not only have anti-discrimination policies in place but must also ensure they are "communicated effectively", after finding an Aboriginal economic development company vicariously liable for race discrimination.
An FWC full bench has overturned a "counter-intuitive" decision to compensate a worker dismissed for his blatant disregard of his employer's drug and alcohol and OHS policies.
The FWC has refused to reinstate a dismissed teacher, because her school lost trust and confidence in her after she posted disparaging comments on Facebook about an unresolved industrial dispute.
A tribunal has backed a decision by YMCA NSW to not appoint a man in his fifties as a senior pool lifeguard after he referred, during his interview, to physically touching and wrestling troubled young men he was counselling.
Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.
