An organisation that supports members of the Stolen Generation did not have a reasonable basis for dismissing a worker for alleged "cultural insensitivity", but other conduct would have justified her sacking if it followed a proper process, the FWC has ruled.
Victoria Police rejected a crime scene officer's request for a flexible work arrangement on reasonable business grounds, the FWC has held, while urging the parties to embrace a "better than nothing" compromise.
A worker's "unfortunate" comment to the FWC that "it is nearly impossible to injure someone when driving a forklift at 8km/h", demonstrating his "unsatisfactory understanding of workplace safety", has clinched a ruling that upheld his sacking, after he admitted to smoking marijuana the night before a collision.
Misinterpretation of "curt or abrupt" messages between a remote manager and worker and "unhelpful" accusations of "frivolous and vexatious" complaints did not amount to bullying, but the manager might have needed support to better supervise his remote team, the FWC has found.
A FWC full bench has hosed down a commissioner's allegation that a failure to provide a worker 14 hours of "leisure time" bordered on "wage theft", but has upheld his finding that the worker should have received the additional leave.
A supervisor's criticism of management in a social media group chat that "incit[ed] a negative and combative environment among the team", along with performance issues, provided a valid basis for dismissing her, the FWC has found.
In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".
A massage business and its director must pay more than $2 million in fines and compensation after significantly short-changing temporary visa workers, subjecting them to a "cashback" scheme and threatening to kill their families if they blew the whistle.
A court has found a low-paid casual hairdresser's two-year restraint on poaching clients "void and unenforceable" because it is "significantly longer" than necessary to protect her former employer's legitimate business interests, taking into account the absence of compensation for the non-compete clause and the nature of client relationships.
The FWC has refused to further delay a sick legal secretary's unfair dismissal hearing after almost six years of adjournments, and will consider any further extension requests "vexatious".
