A worker's "unfortunate" comment to the FWC that "it is nearly impossible to injure someone when driving a forklift at 8km/h", demonstrating his "unsatisfactory understanding of workplace safety", has clinched a ruling that upheld his sacking, after he admitted to smoking marijuana the night before a collision.
An employer had insufficient evidence to support its sacking of a manager who consumed up to 15 standard drinks the day and evening before his 7am start, the FWC has ruled.
The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.
A teacher who smoked and lifted a cask of wine above his head to drink from its tap during a video meeting to discuss online learning during a COVID-19 lockdown has failed to overturn a decision to dock his pay for a year.
The FWC has upheld the sacking of a kitchen hand who turned up intoxicated in his own time to prepare for his next shift, but has berated the employer over its "failure to exercise basic decency" when leaving him to find his own way home.
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.
The High Court has held that an employer is not vicariously liable for an injury to a resort worker from his colleague urinating on him after returning drunk to a studio they had to share.
The FWC has found a worker's false reports about his colleagues created "psychosocial safety" risks and provided a valid reason for Virgin Australia to dismiss him.
A four-member FWC bench failed to properly consider whether an experienced train driver sacked after receiving a two-year community corrections order for high-range drink driving was notified of the reason for his dismissal and given an opportunity to respond, a full Federal Court has found today.
The FWC has upheld the summary sacking of a "drunk and disorderly" financial advisor who refused to be breath-tested after turning up to work with bloodshot eyes and smelling of alcohol.
