A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.
Victorian employers would need to give employees two weeks' written notice before introducing workplace surveillance under proposed laws that have won in-principle support from the Allan Government, which also this week vowed to offer clearer advice on the use of medicinal cannabis in the workplace.
The FWC has found an employer unreasonably directed a worker to take a breath test without clearly explaining why, and then unfairly summarily dismissed her for refusing it.
Workpac must compensate a mineworker cleared for THC when he used his host-employer's self-testing kits after self-medicating with a joint, but who returned mixed results at the workplace.
The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.
The Federal Court has put unions on notice about what to expect from status quo provisions in dispute resolution clauses, tossing out the AMWU's bid for declarations and penalties against Opal Packaging for changing the way drug and alcohol tests are conducted.
A FWC full bench has reinstated a rubbish truck driver sacked for a low-level alcohol reading, finding that the initial decision relied on reasons the employer had not put forward, without considering whether the driver had an opportunity to respond.
A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.
A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.
In a warning for employers about properly educating workers on workplace policies, the FWC has reinstated an employee dismissed for breaching drug and alcohol rules, because the major company failed to ensure its workforce understood a key change.
