Browsing: Case law | Page 9 (521 items)


Flexible work disputes moving in wrong direction: Expert

The FWC has become overly focussed on verifying workers' eligibility for flexible work requests by imposing onerous evidentiary requirements on them, which has limited the effectiveness of its new dispute power, a researcher has told the review panel in her response to its Secure Jobs, Better Pay draft report.


Driver on the nose despite Beckham cologne: FWC

A TWU delegate and rubbish truck driver who drank six beers at a union event but suggested his David Beckham cologne and sanitiser might explain his low-level positive reading for alcohol at work the next morning has failed to overturn his sacking.


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.


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