Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.
The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.
A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
The FWC has offered a worker a week to consider his possible reinstatement, finding that his employer unfairly dismissed him for a low-speed wheelie-bin collision.
A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.
The Federal Court has found that an aged care home favoured its Filipino workers over a Chinese nurse, and took adverse action against her when it summarily dismissing her because she made complaints about other employees.
The FWC has upheld the sacking of a Coca Cola regional technician who deliberately set the cruise control on his work van above the speed limit and repeatedly overshot it by up to 18km, rejecting claims about the alleged inaccuracy of the employer's monitoring technology.
The FWC has reinstated a train driver sacked for kicking and grappling with a stranger on a station concourse while on his way to work, after finding the employer failed to properly weigh his right to defend himself from attack.
The FWC has upheld the dismissal of a Big W employee sacked for colluding with his mother to steal a $400 hard drive, and then fabricating "a false and misleading story in an attempt to cover up his behaviour".
