An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.
An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.
Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.
The Federal Court has ordered a tribunal to re-hear a worker's bid for reimbursement of $20,000 for breast reduction surgery she claimed was necessary to relieve back and neck injuries she sustained in the workplace.
A welder's claims that he was "fine" after bingeing on 20 cans of full-strength beer over 12 hours on Australia Day before facing a random breath test at work has failed to impress FWC member Danny Cloghan, who says it "would be greeted with that very Australian saying relating to animal manure".
The CFMEU construction and general division Victorian branch will pay up to $9 million in damages and costs to Boral and has given an undertaking that it won't renew its blackban on the company's concrete supplies, under a settlement deal announced today.
The Federal Court has awarded a former executive of an ASX-listed mining company more than $3.7 million after his employer breached his employment contract by failing to correctly pay his salary, superannuation, and leave entitlements – and his membership of the Union, University and Schools Club.
In an important decision concerning injuries sustained by an employee while working, the Federal Court has rejected an employer's push to expand the application of the High Court's infamous "motel sex" decision.
Boral Resources has had an early win in its court battle with the CFMEU over damages caused by concrete bans, with the Victorian Supreme Court overruling objections from the union, and allowing the company to plead a wide range of evidence on the losses it suffered.
Doctor awarded $20K after hospital fails to give adequate notice; Account manager compensated despite poor performance; and Directors of defunct companies liable for IR fines.
