Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.
A senior member of the Fair Work Commission has reinstated a Coles forklift driver who was involved in a fight with a colleague, finding his dismissal harsh given his good record over 18 years of employment and his relatively passive role in the altercation.
The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.
