Browsing: Fitness for duty (131 items)


Conviction record should be available to employers: Court

A worker's conviction for a s-xual offence against a child he committed as a 16-year-old will be made public and exposed to his employer, after he failed in a court bid to have the matter treated as "spent".


DVT made role untenable: FWC

The FWC has backed a ferry operator's sacking of a customer service worker who proved unable to meet the requirements of her role due to deep vein thrombosis, finding it could not offer "reasonable adjustments" to accommodate her incapacity.


Big payout for Catholic charity's unlawfully sacked manager

A judge has flagged compensation of more than $600,000 for a former St Vincent de Paul Society senior manager unlawfully sacked following a "sham" HR probe, but declined to award more after finding she misled the court and exaggerated her incapacity.


No-win, no-fee lawyer experience leaves "sour taste"

The FWC has made tart observations about relying on no-win, no-fee lawyers and agents in refusing to extend time by seven months for a worker allegedly unfairly sacked for disclosing a medicinal cannabis prescription for pain relief.


On-hire diabetic cleared for disability discrimination case

A type-1 diabetic's late general protections application alleging disability discrimination can proceed after his ASX-listed labour hire employer conceded the employment relationship had "dwindled and ceased" due to his work restrictions.


Major childcare employer too quick to eject worker: FWC

The FWC has ordered the reinstatement of a casual early childhood educator axed from her workplace roster because she failed to fill out a child safety declaration while off the job in a remote, cyclone-afflicted area in China.


IRC suppresses name of r-pe-accused nurse

A tribunal has suppressed the name of a nurse charged with digital r-pe while he fights Queensland Health's decision to suspend him without pay, observing that media reports revealing his identity have already led to "adverse impacts and safety concerns".


$265,000 criminal record bias payout overturned

An appeal tribunal has overturned a ruling in which it found the the ACT Government directly discriminated against an employee based on her irrelevant criminal record when it unilaterally placed her on paid leave and refused to extend her contract, and awarded her $265,000 in damages.


Three-day-week for "recovering" worker not bullying

The FWC has rejected a bullying complaint after finding the Department of Finance put the worker on a three-day week, while he recovered from a previous "toxic" job, so he could spend the other two days "trying to resolve his workplace grievances".


Swearing, bikini-pic-sharing wharfie subbed back in

The FWC has reinstated a "careless" Qube stevedore accused of telling a colleague he put his c-ck in their Subway sandwich and calling another a c-nt, while already on a warning for showing pictures of bikini-clad female colleagues to male co-workers.


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